GENERAL  LAWS 


MASSACHUSETTS 


RELATING    TO 


KAILROAD  CQBPOKATIONS,  STREET  EAILWAY  COMPANIES,  ELEC- 
TRIC BAILROAD  COMPANIES,  TELEPHONE  AND  TELEGRAPH 
COMPANIES,  STEAMBOAT  AND  EXPRESS  COMPANIES. 


THE  PUBLIC  SERVICE  COMMISSION  LAW,  CHAPTER  784  OF  THE  ACTS  OF  1913; 

CHAPTERS  433,  463  AND  516  OF  THE  ACTS  OF  1906;  PROVISIONS 

OF  THE  REVISED  LAWS  AND  SUBSEQUENT  LEGISLATION 

TO  AND  INCLUDING  THE  YEAR  1913. 


MASSACHUSETTS  PUBLIC   SERVICE  COMMISSION. 
COMPILED  BY  THE  EXECUTIVE  SECRETARY. 


BOSTON : 

WEIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

32  DERNE  STREET. 

1914. 


\^ 


jhtblir 


FREDERICK  J.  MACLEOD,  Chairman. 
GEORGE  W.  ANDERSON. 

EVERETT  E.  STONE. 

CLINTON  WHITE. 

GEORGE  W.  BISHOP. 


ANDREW  A.  HIGHLANDS,  Secretary. 

CHARLES  E.  MANN,  Executive  Secretary. 

ALLAN  BROOKS,  Assistant  Secretary. 


OFFICE,  1  BEACON  STREET,  BOSTON. 


APPROVED  BY  THE  STATE  BOARD  OF  PUBLICATION. 


PUBLIC  SERVICE  COMMISSION  LAW. 


CHAPTER  784  OF  THE  ACTS  OF  1913. 

AN  ACT  TO  CHANGE  THE  NAME,  ENLARGE  THE  MEMBER- 
SHIP AND  INCREASE  THE  POWERS  OF  THE  BOARD  OF 
RAILROAD  COMMISSIONERS. 

SECTION  1.     The  board  of  railroad  commissioners,   existing  Board  of  rau- 
under  authority  of  section  one  of  Part  I  of  chapter  four  hundred  £^iJ;£™g 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  name  changed 

„  ....  ...  .  .  to  public 

six,  shall  hereafter  be  called  the  public  service  commission,  service  com- 
hereinafter  in  this  act  called  the  commission,  and  its  member-  membership 
ship  shall  be  enlarged  so  as  to  consist  of  five  competent  persons,  ei 
hereinafter  collectively  called  commissioners  and  individually 
referred  to  as  commissioner,  with  the  qualifications  and  dis- 
abilities in  said  act  and  this  act  prescribed.  Upon  the  taking 
effect  of  this  act  the  governor,  with  the  advice  and  consent  of 
the  council,  shall  appoint  two  members  in  addition  to  the  mem- 
bers of  the  board  at  that  time  and  shall,  notwithstanding  the 
term  for  which  any  members  of  the  board  may  have  been  here- 
tofore appointed  and  the  date  of  the  expiration  thereof,  desig- 
nate the  terms  of  all  of  said  members  so  that  one  member  shall 
be  appointed  for  five  years,  one  for  four  years,  one  for  three 
years,  one  for  two  years,  and  one  for  one  year  from  the  first 
day  of  July  next.  Thereafter,  one  member  of  the  commission 
shall  annually,  before  the  first  day  of  July,  be  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council,  for  a 
term  of  five  years  from  said  date.  Whenever  a  new  appoint- 
ment is  made,  or  whenever  any  vacancy  in  the  commission  is 
filled,  the  commissioners  shall  meet  and  choose  one  of  their 
number  as  chairman.  The  chairman  shall  be  paid  an  annual  Compensation. 
salary  of  eighty-five  hundred  dollars,  and  each  of  the  other 
commissioners  shall  receive  an  annual  salary  of  eight  thousand 
dollars.  Not  more  than  three  commissioners  shall  be  appointed 
from  the  same  political  party. 

SECTION  2.  The  commission  shall,  so  far  as  may  Be  neces-  Duties  of  the 
sary  for  the  purpose  of  carrying  out  the  provisions  of  this  or 
any  other  act,  have  general  supervision  and  regulation  of,  and 
jurisdiction  and  control  over,  the  following  services,  when  fur- 
nished or  rendered  for  public  use  within  the  commonwealth, 
and  all  persons,  firms,  corporations,  associations  and  joint  stock 
associations  or  companies,  hereinafter  in  this  act  collectively 
called  common  carriers  and  severally  called  a  common  carrier, 
furnishing  or  rendering  any  such  service  or  services:  — 


313322 


commission. 


IV 


PUBLIC   SERVICE   COMMISSION    LAW. 


R.  L.  109, 
§§24  and  27, 
amended. 


1906,  433, 
amended. 


Not  to  affect 
compensation 
of  Massachu- 
setts highway 
commission. 

Any  investi- 
gation, etc., 
begun  by  Mas- 
sachusetts 
highway 
commission 
to  be  con- 
tinued, etc., 
by  public 
service 
commission. 


Pending 
proceedings 
not  affected, 
etc. 


Proviso. 


a.  The  transportation  or  carriage  of  persons  or  property,  or 
both,  between  points  within  the  commonwealth  by  railroads, 
street  railways,   hereinafter  called  railways,   electric  railroads, 
and  steamships,  including  express  service  and  car  service  carried 
on  upon  or  rendered  in  connection  with  such  railroads,  railways, 
electric  railroads  or  steamships. 

b.  The  operation  of  all  conveniences,  appliances,  facilities  or 
equipment  utilized  in  connection  with,  or  appertaining  to,  such 
transportation  or  carriage  of  persons  or  property  or  such  ex- 
press service  or  car  service,  by  whomsoever  owned  or  by  whom- 
soever provided,   whether  the  service  be  common  carriage  or 
merely  in  facilitation  of  common  carriage. 

c.  The  transmission  of  intelligence  within  the  commonwealth 
by  electricity,  by  means  of  telephone  lines  or  telegraph  lines  or 
any  other  method  or  system  of  communication,  including  the 
operation  of  all  conveniences,  appliances,  instrumentalities,  or 
equipment    utilized    in    connection    therewith    or    appertaining 
thereto. 

SECTION  3.  Sections  twenty-four  and  twenty-seven  of  chap- 
ter one  hundred  and  nine  of  the  Revised  Laws  are  hereby 
amended  by  substituting  for  the  words  "commissioner  of  cor- 
porations", and  for  any  other  word  or  words  intended  to  desig- 
nate said  commissioner  of  corporations  in  each  of  said  sections, 
whenever  any  jurisdiction  is  conferred  with  respect  to  corpora- 
tions established  for  and  engaged  in  the  business  of  transmitting 
intelligence  by  electricity,  the  words:  —  public  service  com- 
mission. Chapter  four  hundred  and  thirty-three  of  the  acts  of 
the  year  nineteen  hundred  and  six  is  hereby  amended  by  sub- 
stituting in  place  of  the  words  "Massachusetts  highway  com- 
mission", and  any  other  word  or  words  intended  to  designate 
the  Massachusetts  highway  commission  wherever  used  in  said 
act,  the  words:  —  public  service  commission, — and  said  act  is 
further  amended  by  repealing  section  three  thereof.  Nothing 
in  this  act  shall  affect  the  compensation  at  present  paid  to  the 
members  of  the  Massachusetts  highway  commission. 

SECTION  4.  Any  investigation,  examination,  proceeding  or 
appeal  undertaken,  begun  or  instituted  by  or  before  the  Mas- 
sachusetts highway  commission  in  connection  with  the  super- 
vision of  companies  engaged  in  the  transmission  of  intelligence 
by  electricity  prior  to  the  taking  effect  of  this  act,  may  be  con- 
ducted and  continued  to  a  final  termination  by  the  public 
service  commission,  in  the  same  manner,  under  the  same  terms 
and  conditions,  and  with  the  same  effect  as  though  the  juris- 
diction of  the  Massachusetts  highway  commission  over  such 
matters  had  not  been  terminated;  but  no  order  or  ruling  here- 
tofore made  by  said  last  mentioned  commission  and  then  in 
force  shall  be  invalidated  by  the  taking  effect  of  this  act.  This 
act  shall  not  affect  pending  actions  or  proceedings,  civil  or 
criminal,  brought  by  or  against  the  Massachusetts  highway 
commission;  but  the  same  may  be  prosecuted  or  defended  in 
the  name  of  the  public  service  commission:  provided,  that  the 


PUBLIC   SERVICE  COMMISSION  LAW.  V 

subject-matter  thereof  is  within  the  statutory  jurisdiction  of 
said  public  service  commission.  And  this  act  shall  not  release 
or  waive  any  right  or  penalty  which  may  have  arisen  or  may 
have  been  incurred,  nor  shall  any  right  or  penalty  created  or 
enforceable  under  this  act  be  a  bar  to  or  affect  any  recovery  or 
indictment  for  such  right  or  such  penalty. 

SECTION  5.     Upon  the  taking  effect  of  this  act  the  Massa-  Massachusetts 
chusetts  highway  commission  shall  transfer  and  deliver  to  the  co^mfs^ion  to 
commission  all  books,   maps,   papers,  files  and  records  in  its  *ertafnr'  et°" 
possession  relating  to  the  supervision  of  all  companies  engaged  !ecor<j'r etc- 
in  the  transmission  of  intelligence  by  electricity,  and  the  com-  service  com- 
mission  is  hereby   authorized  to  take   possession   of  all  such  m 
books,  maps,  papers,  files  and  records.     Upon  the  taking  effect  Certain 
of  this  act  every  officer  or  employee  subordinate  to  or  under  b^transf^rred. 
the  control  of  or  connected  with  the  Massachusetts  highway  etc' 
commission  whose  sole  duty  or  exclusive  employment  relates 
to  or  has  reference  to  the  supervision  of  companies  engaged  in 
the    transmission    of   intelligence    by   electricity    shall    become 
subordinate  to  or  be  transferred  to  the  control  of  the  commis- 
sion in  the  same  manner  as  if  he  were  appointed  under  section 
nine  of  this  act. 

SECTION  6.  Three  members  of  the  commission  shall  con-  Quorum, 
stitute  a  quorum.  No  contested  matter  upon  which  a  public 
hearing  by  said  commission  is  required  by  law  shall  be  heard 
or  decided  by  less  than  a  quorum  of  the  commission.  So  much 
of  section  six  of  chapter  seven  hundred  and  fifty-five  of  the  acts 
of  the  year  nineteen  hundred  and  eleven  as  authorizes  a  hearing 
upon  a  contested  matter  to  be  held  before  one  commissioner, 
and  an  order  in  any  such  matter  made  by  one  commissioner  to 
be  confirmed  by  the  commission  with  the  same  effect  as  an 
order  of  the  commission,  is  hereby  repealed. 

SECTION  7.     Every  vote,  recommendation  and  order  of  the  Records 
commission  shall  be  entered  of  record;  and  the  commission  shall  ML 
have  an  official  seal,  which  shall  be  judicially  noticed.     Copies  certified 
of  all  official  documents  and  orders  filed  or  deposited  in  the  evfdence.etc. 
office  of  the  commission,  certified  by  a  member  of  the  com- 
mission, or  by  the  secretary,  to  be  true  copies  of  the  originals, 
under  the  official  seal  of  the  commission,  shall  be  evidence  in 
like  manner  as  the  originals  in  all  courts  of  the  commonwealth; 
and  the  commission  may  charge  and  collect  for  such  copies  ten 
cents  for  each  folio.     The  fees  so  collected  shall  be  paid  into  Fees, 
the  treasury  of  the  commonwealth. 

SECTION  8.     The  commission  may  expend  for  the  salaries  and  Expenses, 
expenses  authorized  hereby  and  by  other  provisions  of  law, 
such  amount  as  the  general  court  shall  annually  appropriate. 
Sections  three  and  four  of  Part  I  of  chapter  four  hundred  and  RePeal- 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  are 
hereby  repealed. 

SECTION  9.     The  commission  may  appoint  a  counsel  to  the  Counsel. 
commission,  and  such  attorneys  as  it  may  deem  advisable,  for  efcpo'D    ent> 
such  terms  of  office  or  employment  and  at  such  salaries  as  it 


VI 


PUBLIC   SERVICE  COMMISSION   LAW. 


Appointment 
of  sub- 
ordinates. 


Expenses  for 
travel,  etc. 


Experts  and 
inspectors. 


Compensation. 


Compilation 
of  statutes 
relating  to 
common 
carriers. 

Rates,  etc., 
of  common 
carriers. 


Commission 
may  petition 
interstate 
commerce 
commission. 


May  confer, 
etc.,  with 
boards  of 
other  states. 


may  deem  proper,  who  shall  in  the  conduct  of  litigation  and 
court  proceedings  act  under  the  direction  of  the  attorney-gen- 
eral. The  commission  may  appoint  or  employ  such  engineers, 
accountants,  statisticians,  bureau  chiefs  and  division  heads, 
assistants,  inspectors,  clerks,  and  other  subordinates  as  it  may 
deem  advisable,  on  such  terms  of  office  or  employment  and 
at  such  salaries  as  it  may  deem  proper.  The  commission  may 
expend  such  sums  to  procure  opinions,  advice,  plans,  surveys, 
appraisals,  audits,  examinations,  statistics,  information,  ap- 
paratus, instruments,  books,  tables,  maps,  drawings,  supplies 
and  sundries,  and  for  travel  within  or  without  the  common- 
wealth and  expense  incidental  thereto  as  it  may  from  time  to 
time  deem  requisite  in  the  performance  of  its  duties.  The  com- 
mission may,  from  any  appropriations  authorized  by  the  gen- 
eral court  for  the  use  of  the  commission,  expend  such  sums  as 
it  deems  necessary  in  the  performance  of  its  duties  under  the 
provisions  of  this  act.  The  provisions  of  chapter  two  hundred 
and  forty-five  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  relative  to  experts  and  inspectors  of  the  commission,  shall 
apply  to  the  appointment,  employment  or  continuance  in  office 
of  any  officer  or  employee  of  the  commission  whose  salary  or 
compensation  is  in  excess  of  twelve  hundred  dollars  per  annum. 
The  commission  may  assign  to  all  officers  and  employees  by  it 
appointed  or  employed  such  functions  and  such  rank  as  it  shall 
from  time  to  time  deem  advisable;  but  everything  done  by 
any  such  officer  or  employee  shall  be  subject  to  the  control  of, 
and  revision  by,  the  commission.  The  commission  may  from 
time  to  time  cause  to  be  made  a  compilation  of  the  statutes 
of  this  commonwealth  relating  to  common  carriers,  with  an- 
notations. 

SECTION  10.  The  commission  may  inquire  into  the  rates, 
charges,  regulations,  practices,  equipment  and  services  of  com- 
mon carriers  in  this  commonwealth,  and  elsewhere,  rendering 
any  service  of  a  kind  subject  to  its  jurisdiction.  It  may  be 
represented  at  any  public  hearings  before  any  legislative  com- 
mittee or  public  board  in  this  commonwealth,  or  of  any  other 
state  or  of  the  United  States,  with  respect  to  any  proposed 
legislation  or  action  by  public  authorities  within  or  without  the 
commonwealth  affecting  any  public  service  within  the  common- 
wealth subject  to  its  supervision,  whenever  in  its  opinion  such 
representation  is  desirable  in  the  interests  of  this  common- 
wealth. It  may  apply  by  petition  to  the  interstate  commerce 
commission  for  relief,  and  may  present  evidence  and  arguments 
to  the  said  commission,  in  any  case  in  which  it  is  of  opinion 
that  a  common  carrier  subject  to  its  supervision  is  violating  any 
provision  of  the  interstate  commerce  law  or  any  valid  order  or 
regulation  made  under  authority  thereof.  The  commission  may 
also  confer  with  or  appear  before  boards  of  other  states  having 
powers  over  any  of  the  common  carriers  rendering  public  serv- 
ices of  the  kind  hereinbefore  described,  when  in  its  judgment 
the  interests  of  the  commonwealth  will  be  promoted  thereby. 


PUBLIC   SERVICE   COMMISSION   LAW.  Vll 

SECTION  11.     The  commission  may,  either  through  its  mem-  TO  examine 
bers  or  by  employees  duly  authorized  by  it,  examine  all  books,  oTcommon 
contracts,  records,  documents,  papers  and  memoranda  of  any  carriers- 
common  carrier,  and  by  subpoena  duces  tecum  compel  the  pro- 
duction thereof,  or  of  duly  verified  copies  of  the  same  or  any  of 
them,  and  compel  the  attendance  of  such  witnesses  as  the  com- 
mission may  require  to  give  evidence  at  any  such  examination. 
The  commission  may  provide  for  an  annual  audit  by  employees  Annual 
duly  authorized  by  it  of  all  the  accounts  of  any  common  carrier  al 
or  class  of  common  carriers,  whenever  it  deems  such  action  ad- 
visable.    Any    employee    or    agent    of    the    commission    who  Penalty, 
divulges  any  fact  or  information  which  may  come  to  his  knowl- 
edge during  the  course  of  any  such  examination  or  audit,  except 
in  so  far  as  he  may  be  directed  by  the  commission,  or  by  a 
court  or  judge,  or  be  authorized  by  law,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars. 

SECTION  12.  The  commission  may  from  time  to  time  estab- 
lish  and  prescribe  a  system  of  forms  of  accounts  to  be  used  by 
the  common  carriers  subject  to  its  supervision,  or  may  classify 
the  said  common  carriers  and  prescribe  a  system  of  forms  of 
accounts  for  each  class.  The  accounts  of  all  such  common 
carriers  shall  be  kept  in  accordance  with  the  forms  prescribed. 
The  commission  may  also  in  its  discretion  prescribe  the  forms 
of  records  and  memoranda  to  be  kept  by  such  common  carriers. 
The  forms  of  accounts  established  by  the  commission  and  the 
forms  of  records  and  memoranda  prescribed  by  it  shall  conform 
as  nearly  as  may  be  to  the  similar  forms  from  time  to  time 
established  and  prescribed  by  the  interstate  commerce  com- 
mission. 

SECTION  13.  The  commission  may,  either  through  its  mem-  inspection  of 
bers  or  responsible  agents,  engineers,  inspectors  or  examiners  property>  etl 
duly  authorized  by  it,  enter  upon  any  premises  occupied  by 
any  common  carrier  for  any  purpose  consistent  with  the  pro- 
visions of  this  act.  It  may  inspect  the  property,  equipment, 
buildings,  plants,  factories,  power-houses,  ducts,  conduits  and 
offices  of  any  common  carrier.  It  shall  have  the  right  in  con- 
nection with  such  inspection  by  its  members,  inspectors  or  ex- 
perts to  have  such  service,  of  the  sort  proffered  by  the  common 
carrier,  performed  for  it  as  it  may  reasonably  require,  including 
the  right  to  ride  upon  any  locomotive,  car  or  steamship  while 
in  service,  and  to  have,  upon  reasonable  notice,  the  use  of  an 
inspection  locomotive  or  car  whenever  that  is  necessary  in  the 
opinion  of  the  commission,  for  a  physical  inspection  of  all  or 
any  of  the  lines  and  stations  of  any  railroad  or  railway  under 
its  supervision. 

SECTION  14.     The  commission  may  investigate  and  determine  Valuation,  etc. 
the  fair  value  for  any  purpose  of  all  the  property  of  any  com-  \ 
mon  carrier  rendering  a  public  service  subject  to  the  supervision 
of  the  commission,  which  is  actually  used  or  useful  for  the 
convenience  of  the  public,  whenever  it  deems  the  ascertainment 


Vlll 


PUBLIC   SERVICE   COMMISSION    LAW. 


Issue  of 
stock,  bonds, 
notes,  or  other 
evidences  of 
indebtedness 
by  railroads. 
[See  Op.  Jan.  0, 
19t4,  Bulkeley 
et  al.  v.  N.  Y., 
N.  H.  &  H. 
R.R.  Co.  et  als.] 


Amount  of 
issue. 


Proposed 
issue  to  be 
authorized  by 
vote. 


Application 
for  approval 
of  issue  of 
capital  stock, 
bonds,  etc. 
[See  Op.  Jan.  9, 
1914,  Bulkeley 
etal.v.N.  Y., 
N.  H.  &  H. 
R.R.  Co.  et  als.] 


Decision. 


of  such  value  necessary  in  order  to  carry  into  effect  any  pro- 
vision of  this  act.  The  commission  may  at  any  time  on  its  own 
initiative  make  a  revaluation  of  such  property.  In  making 
any  valuation  under  this  section,  the  commission  may  have 
access  to  and  use  any  books,  documents  or  records  in  the 
possession  of  any  department  or  board  of  the  commonwealth 
or  any  political  subdivision  thereof. 

SECTION  15.  A  railroad  corporation  may  issue  shares  of 
capital  stock,  bonds,  notes  or  other  evidences  of  indebtedness, 
for  the  purpose  of  funding  its  floating  debt,  or  for  any  other 
lawful  purpose,  and  may  mortgage  or  pledge  as  security  for  the 
payment  of  such  indebtedness  a  part  or  all  of  its  railroad,  equip- 
ment and  franchise  and  a  part  or  all  of  its  real  and  personal 
property,  including  property  to  be  afterward  acquired.  Any 
mortgage  executed  by  a  railroad  company  shall  secure  all  bonds, 
notes  and  other  evidences  of  indebtedness  previously  issued  and 
then  outstanding  on  equal  terms  with  any  other  indebtedness 
secured  by  such  mortgage.  Its  bonds,  notes  or  other  evidences 
of  indebtedness  may  be  issued  by  any  such  corporation  to  an 
amount  which,  when  added  to  the  amount  of  all  its  then  out- 
standing bonds,  notes  or  other  evidences  of  indebtedness,  shall 
not  cause  the  aggregate  amount  of  all  its  bonds,  notes  and  other 
evidences  of  indebtedness  to  exceed  twice  the  amount  of  the 
capital  stock  of  the  corporation  actually  paid  in  at  the  time,  as 
determined  under  the  provisions  of  chapter  six  hundred  and 
twenty  of  the  acts  of  the  year  nineteen  hundred  and  eight;  but 
such  of  the  bonds  issued  or  to  be  issued  under  a  mortgage  as 
are  deposited  to  retire  at  or  before  maturity,  bonds  or  other 
evidences  of  indebtedness  previously  issued  and  outstanding  at 
the  date  of  such  mortgage  while  so  deposited  shall  not  be  taken 
into  account  in  applying  this  limitation.  No  bonds,  coupon 
notes,  or  other  evidences  of  indebtedness  payable  at  periods  of 
more  than  twelve  months  from  the  date  thereof  shall  be  issued 
unless  authorized  by  a  vote  of  the  stockholders  at  a  meeting 
called  for  the  purpose,  and  no  such  bond,  coupon  note  or  other 
evidence  of  indebtedness  shall  be  issued  unless  countersigned  or 
certified  by  a  person  or  trust  company  appointed  by  the  cor- 
poration for  that  purpose. 

SECTION  16.  Before  any  railroad  corporation  shall  issue  any 
shares  of  capital  stock  or  any  bonds,  notes  or  other  evidences  of 
indebtedness  payable  at  periods  of  more  than  twelve  months 
after  the  date  thereof,  it  shall  apply  to  the  commission  for  its 
approval  of  the  proposed  issue  to  such  amount  as  the  commis- 
sion shall  determine  to  be  reasonable  and  proper  for  the  purpose 
of  funding  its  floating  debt  properly  incurred  for  lawful  pur- 
poses, or  reasonable  and  proper  for  any  other  lawful  purpose 
set  forth  in  the  application  for  such  approval.  The  commission 
shall  render  its  decision  upon  such  an  application  within  thirty 
days  after  the  final  hearing  thereon.  The  decision  shall  be  in 
writing  and  shall  assign  the  reasons  therefor.  Any  order  of  the 
commission  approving  any  such  issue  of  stock,  bonds,  notes  or 


PUBLIC    SERVICE   COMMISSION    LAW.  IX 

other  evidences  of  indebtedness  may  provide  for  the  application 
of  the  proceeds  thereof  to  such  particular  uses  as  the  com- 
mission shall  by  that  order  or  by  some  subsequent  order  specify, 
and  the  corporation  shall  not  apply  such  proceeds  otherwise 
than  as  thus  specified  in  such  order  or  orders.  The  decision  of 
the  commission  as  to  the  amount  of  stock  which  is  reasonably 
necessary  for  the  purpose  for  which  such  stock  is  proposed  to  be 
issued  shall  be  based  upon  the  price  at  which  such  stock  is  to 
be  issued,  and  the  commission  shall  refuse  to  approve  any  par- 
ticular issue  of  stock,  if,  in  its  opinion,  the  price  at  which  it  is 
proposed  to  be  issued  is  so  low  as  to  be  inconsistent  with  the 
public  interest.  The  provisions  of  this  section  shall  not  require  provisions 
a  railroad  corporation  which  is  incorporated  under  the  laws  of  tocerumply 
one  or  more  other  states  or  foreign  countries,  as  well  as  under  railroads- 
the  laws  of  this  commonwealth,  to  apply  to  the  commission  for 
approval  of  the  issue  of  shares  of  capital  stock  or  of  bonds, 
notes  or  other  evidences  of  indebtedness  for  the  sole  ultimate 
purpose  of  providing  funds  for  additions  to  or  improvements 
of  property  of  such  corporation  or  of  any  corporation  controlled 
by  it  through  lease  or  stock  ownership,  if  such  property  has  a 
situs  in  another  state  or  country  by  the  laws  of  which  such 
railroad  corporation  is  authorized  to  operate  a  railroad  therein 
and  to  make  such  additions  to  or  improvements  of  such  prop- 
erty, nor  to  apply  to  the  commission  for  approval  of  the  issue 
of  shares  of  capital  stock,  bonds,  notes  or  other  evidences  of  in- 
debtedness for  paying,  funding  or  refunding  indebtedness  in- 
curred for  such  ultimate  purpose;  but  all  such  proposed  issues  Proposed 
and  the  authority  therefor  shall,  before  the  issue  of  such  se-  re^ 
curities,  be  reported  to  the  commission.  Except  for  such  ulti- 
mate purpose,  such  a  railroad  corporation  shall  not  hereafter 
without  the  approval  of  the  commission  issue  any  shares  of 
capital  stock,  or  any  bonds,  notes  or  other  evidences  of  in- 
debtedness payable  at  periods  of  more  than  twelve  months  after 
the  date  thereof,  in  exchange  for  or  to  pay  for  shares  of  capital 
stock,  notes,  bonds  or  other  evidences  of  indebtedness  of  any 
other  corporation  which  are  hereafter  acquired  or  contracted 
for;  but  if  the  acquisition  or  holding  of  such  securities  by  such 
railroad  corporation  shall  be  authorized  by  the  laws  of  any  state 
or  country  in  which  it  has  been  incorporated,  and  shall  also  be 
permitted  by  the  laws  of  the  state  or  country  in  which  such 
other  corporation  has  been  incorporated,  the  commission  may 
authorize  the  acquisition  of  such  securities  by  such  railroad  cor- 
poration, and  may  approve  the  issue  of  shares  of  capital  stock, 
bonds,  notes  or  other  evidences  of  indebtedness  by  such  railroad 
corporation  in  exchange  for  or  to  pay  for  such  securities,  pro- 
vided that  the  commission  shall  find  that  such  acquisition  and 
the  terms  thereof  are  consistent  with  the  public  interest.  The  Enforcement 
supreme  judicial  court  or  the  superior  court  shall  have  jurisdic-  Sffc'™81' 
tion  in  equity,  upon  the  application  of  the  commission,  of  the 
attorney-general,  of  any  stockholder  or  of  any  interested  party, 
to  enforce  the  provisions  of  this  and  the  preceding  section  and 


commission. 


X 


PUBLIC   SERVICE  COMMISSION   LAW. 


Penalty. 


Repeal. 


Charges  for 

service 

regulated. 


Free  service, 
tickets,  etc., 
prohibited, 
except,  etc. 


all  lawful  orders  and  decisions,  conditions  or  requirements  of 
said  commission  made  in  pursuance  thereof.  A  director,  treas- 
urer or  other  officer  or  agent  of  a  railroad  corporation,  who 
knowingly  votes  to  authorize  the  issue  of,  or  knowingly  signs, 
certifies  or  issues  stock  or  bonds  contrary  to  the  provisions  of 
this  or  the  preceding  section,  or  who  knowingly  votes  to  au- 
thorize the  application,  or  knowingly  applies  the  proceeds  of 
such  stock  or  bonds  contrary  to  the  provisions  of  said  sections, 
or  either  of  them,  or  who  knowingly  votes  to  assume  or  incur, 
or  knowingly  assumes  or  incurs  in  the  name  or  behalf  of  such 
corporation,  any  debt  or  liability  except  for  the  legitimate  pur- 
poses of  the  corporation,  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 
Sections  fifty  and  sixty-five  of  Part  II  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six,  sections  forty-eight  and  sixty-six  of  Part  II  of  the  same 
act,  as  amended  by  sections  four  and  five  of  Part  II  of  chapter 
seven  hundred  and  twenty-five  of  the  acts  of  the  year  nineteen 
hundred  and  twelve,  and  all  other  acts  and  parts  of  acts  incon- 
sistent with  this  or  the  preceding  section,  so  far  as  they  apply 
to  railroad  corporations,  are  hereby  repealed. 

SECTION  17.  All  charges  made,  demanded  or  received  by 
any  common  carrier  subject  to  the  supervision  of  the  commis- 
sion for  any  service  rendered  or  performed,  or  to  be  rendered 
or  performed  by  it  or  in  connection  therewith  in  the  conduct 
of  its  common  carrier  business,  or  made,  demanded  or  received 
by  any  two  or  more  common  carriers  joining  in  rendering  or 
performing  any  service  shall  be  just  and  reasonable,  and  every 
such  common  carrier  and  any  two  or  more  such  common  car- 
riers joining  in  rendering  or  performing  any  service  shall  be 
entitled  to  make,  demand  and  receive  just  and  reasonable 
charges  for  any  such  service,  and  every  unjust  or  unreasonable 
charge  is  hereby  prohibited  and  declared  unlawful;  but  charges 
heretofore  established  and  set  out  in  any  schedule  filed  as  here- 
inafter provided  shall  be  deemed  prima  facie  lawful  until 
changed  or  modified  by  the  commission  under  the  powers  con- 
ferred upon  the  commission  by  the  provisions  of  this  act,  but 
this  provision  shall  not  give  to  such  rates  any  greater  weight 
as  evidence  of  the  reasonableness  of  other  rates  than  they 
would  otherwise  have. 

SECTION  18.  No  common  carrier  shall,  directly  or  indirectly, 
issue  or  give  any  free  service,  free  tickets,  free  pass  or  free 
transportation  for  passengers  or  property  between  points  within 
this  commonwealth;  but  nothing  in  this  act  shall  be  held  to 
prohibit  any  railroad  corporation  from  furnishing  free  passes  or 
free  transportation  to  officers  or  employees  of  the  general  court; 
nor  to  prohibit  any  railroad  corporation  or  street  railway  com- 
pany from  giving  free  or  reduced  rate  service  to  policemen, 
letter  carriers  and  firemen  while  in  uniform  or  engaged  in  the 
discharge  of  their  duties;  nor  to  prohibit  any  common  carrier 


PUBLIC   SERVICE  COMMISSION  LAW.  XI 

from  giving  free  or  reduced  rate  service  to  its  employees,  or  in 
cases  of  public  emergency,  or  for  such  charitable  purposes  as 
may  be  approved  by  the  commission;  nor  to  prohibit  any  tele- 
phone or  telegraph  company,  unless  the  commission  shall  other- 
wise order,  from  giving  service  at  reduced  rates  to  the  common- 
wealth or  to  any  city  or  town;  nor  shall  this  act  be  held  to 
prohibit  the  commissioners,  their  experts,  inspectors  and  counsel 
from  being  transported  over  the  railroads  and  the  railways  of 
this  commonwealth  free  of  charge  while  engaged  in  the  per- 
formance of  their  duties;  nor  shall  this  act  be  held  to  prohibit 
the  giving  by  any  such  common  carrier  of  free  or  reduced  rate 
service  to  the  classes  defined  and  provided  for  in  the  act  of 
congress  entitled  "An  act  to  regulate  commerce"  and  acts 
amendatory  thereof. 

SECTION  19.    Subject  to  the  powers  of  the  commission  to  Fixing  of 
regulate  and  prescribe  rates  and  charges,   a  common  carrier  etcTsubfe^t68' 
may  make  commodity,  transit,  or  other  classes  of  rates.     The  £|^"*^ 
furnishing  by  any  common  carrier  of  any  service  at  the  rates  ftpproval- 
and  upon  the  terms  and  conditions  provided  for  in  any  existing 
contract  executed  prior  to  the  first  day  of  July,  nineteen  hun- 
dred and  thirteen,  shall  not  constitute  a  discrimination  unless 
the  commission  shall  so  determine.    The  commission  shall  not 
be  prevented  from  taking  such  action  as  it  may  deem  proper 
by  any  commitment  or  agreement  of  a  common  carrier  entered 
into  by  reason  of  any  requirement  or  recommendation  of  any 
board  or  public  officers  acting  under  delegated  authority  from 
the  general  court  prior  to  the  enactment  hereof.     Unless  the  issue  of 
commission  shall  determine  otherwise  common  carriers  shall  be  oTher^tckets. 
permitted,  whether  required  to  do  so  by  law  or  not,  to  issue 
mileage,  workingmen's,  excursion,  school,  or  commutation  pas- 
senger tickets,  or  reduced  rate  tickets  for  the  transportation  of 
children   under  twelve   years  of  age,   or   of   pupils   attending 
schools,  or  joint  interchangeable  mileage  tickets,  with  special 
privileges  as  to  the  amount  of  free  baggage  that  may  be  carried 
under  mileage  tickets  of  five  hundred  miles  or  more.     All  season  Season  tickets. 
tickets,  before  issuance,  shall  be  subject  to  the  approval  of  the 
commission  as  to  the  form  thereof  and  the  conditions  named 
therein. 

SECTION  20.     Every  common  carrier  shall  file  with  the  com-  Schedules  of 
mission  and  shall  plainly  print  and  keep  open  to  public  inspec-  bfSedJrte!0 
tion,  schedules  showing  all  rates,  joint  rates,  fares,  telephone 
rentals,  tolls,  classifications  and  charges  for  any  service,  of  every 
kind  rendered  or  furnished,  or  to  be  rendered  or  furnished,  by 
it  within  the  commonwealth,  and  all  conditions  and  limitations, 
rules  and  regulations  and  forms  of  contracts  or  agreements  in 
any  manner  affecting  the  same,  in  such  places,   within  such 
time,  and  in  such  form,  and  with  such  detail  as  the  commission 
may  order.     In  the  case  of  common  carriers  the  forms  pre-  Forms  for 
scribed  for  such  schedules  and  the  requirements  relative  to  the  schedule8- 
filing  and  publication  thereof  shall  conform,  as  nearly  as  may 
be,  to  the  forms  prescribed  by  and  the  similar  requirements  of 


Xll 


PUBLIC   SERVICE   COMMISSION   LAW. 


Charges,  etc. 
regulated. 


Refunds,  etc. 


Thirty  days' 
notice  of 
change  in 
rates,  etc. 


Waiver  of 
notice. 


Certain 
existing 
contracts  not 
affected. 


Proviso. 


Public 
hearings  on 
proposed 
changes  in 
rates,  etc. 


the  interstate  commerce  commission.  No  common  carrier  shall, 
except  as  otherwise  provided  in  this  act,  charge,  demand,  exact, 
receive,  or  collect  a  different  rate,  joint  rate,  fare,  telephone 
rental,  toll  or  charge  for  any  service  rendered  or  furnished  by 
it,  or  to  be  rendered  or  furnished,  from  that  applicable  to  such 
service  as  specified  in  its  schedule  filed  with  the  commission 
and  in  effect  at  the  time.  Nor  shall  any  common  carrier  re- 
fund, or  remit  directly  or  indirectly,  any  rate,  joint  rate,  fare, 
telephone  rental,  toll  or  charge  so  specified,  or  any  part  thereof, 
nor  extend  to  any  person  or  corporation  any  rule,  regulation 
privilege  or  facility  except  such  as  are  specified  in  the  said 
schedule  and  regularly  and  uniformly  extended  to  all  persons 
and  corporations  under  like  circumstances  for  the  like,  or  sub- 
stantially similar,  service.  Unless  the  commission  otherwise 
orders,  no  change  shall  be  made  in  any  rate,  joint  rate,  fare, 
telephone  rental,  toll,  classification  or  charge,  or  in  any  rule  or 
regulation  or  form  of  contract  or  agreement  in  any  manner 
affecting  the  same  as  shown  upon  the  schedules  filed  in  accord- 
ance with  this  act,  except  after  thirty  days'  notice  to  the  com- 
mission, which  notice  shall  plainly  state  the  changes  proposed 
to  be  made  in  the  schedule  then  in  force  and  the  time  when  such 
changes  shall  take  effect,  and  such  notice  to  the  public  as  the 
commission  shall  order,  to  be  given  prior  to  the  time,  fixed  in 
such  notice  to  the  commission,  for  the  changes  to  take  effect. 
The  commission  for  good  cause  shown  may  allow  changes  with- 
out requiring  the  thirty  days'  notice,  under  such  conditions 
as  it  may  prescribe,  and  may  suspend  the  taking  effect  of 
changes  under  the  circumstances  and  in  the  manner  hereinafter 
provided.  At  the  time  when  any  changes  take  effect,  they  shall 
be  plainly  indicated  upon  existing  schedules,  or  new  schedules 
shall  be  printed  and  filed,  as  the  commission  may  order.  Noth- 
ing in  this  act  shall  be  construed  to  prevent  any  telegraph  or 
telephone  corporation  from  continuing  to  furnish  the  use  of  its 
lines,  equipment  or  service  under  any  contract  or  contracts  in 
force  at  the  date  when  this  act  takes  effect,  or  upon  the  taking 
effect  of  any  schedule  or  schedules  of  rates  subsequently  filed 
with  the  commission,  as  hereinafter  provided,  at  the  rate  or 
rates  fixed  in  such  contract  or  contracts:  provided,  however,  that 
when  any  such  contract  or  contracts  are  or  become  terminable 
by  notice,  the  commission  shall  have  power  in  its  discretion  to 
direct  by  order  that  such  contract  or  contracts  shall  be  termi- 
nated by  the  telegraph  or  telephone  corporation  party  thereto, 
and  thereupon  such  contract  or  contracts  shall  be  terminated 
by  such  telegraph  or  telephone  corporation  as  and  when  directed 
by  such  order. 

SECTION  21.  Whenever  the  commission  receives  notice  of 
any  change  or  changes  proposed  to  be  made  in  any  schedule 
filed  under  the  provisions  of  this  act,  it  shall  have  power,  either 
upon  complaint  or  upon  its  own  motion,  and  after  notice,  to 
hold  a  public  hearing  and  make  investigation  as  to. the  pro- 
priety of  such  proposed  change  or  changes.  Pending  any  such 


PUBLIC   SERVICE  COMMISSION   LAW.  Xlll 

investigation  and  the  decision  thereon,  the  commission  shall 
have  power,  by  any  order  served  upon  the  common  carrier 
affected,  to  suspend  the  taking  effect  of  such  change  or  changes, 
but  not  for  a  longer  period  than  six  months  beyond  the  time 
when  such  change  or  changes  would  otherwise  take  effect. 
After  such  hearing  and  investigation,  the  commission  may  Decision  on 
make  such  order  in  reference  to  any  new  rate,  joint  rate,  fare,  etcwra 
telephone  rental,  toll,  classification,  charge,  rule,  regulation  or 
form  of  contract  or  agreement  proposed,  as  would  be  proper  in 
a  proceeding  initiated  after  the  same  has  taken  effect.  At  any 
such  hearing  involving  any  proposed  increase  in  any  rate,  joint 
rate,  fare,  telephone  rental,  toll  or  charge,  the  burden  of  proof 
to  show  that  such  increase  is  necessary  in  order  to  obtain  a 
reasonable  compensation  for  the  service  rendered  shall  be  upon 
the  common  carrier.  If  at  a  hearing  involving  any  proposed 
decrease  in  any  rate,  joint  rate,  fare,  telephone  rental,  toll  or 
charge  demanded  by  any  common  carrier,  it  shall  appear  to 
the  commission  that  the  said  rate,  joint  rate,  fare,  telephone 
rental,  toll  or  charge  is  insufficient  to  yield  reasonable  compen- 
sation for  the  service  rendered,  the  commission  shall  have  power 
to  determine  what  will  be  the  just  and  reasonable  rate  or  rates, 
fare  or  fares,  telephone  rental  or  rentals,  toll  or  tolls,  charge  or 
charges,  to  be  thereafter  observed  in  such  case  as  the  minimum 
to  be  charged,  and  to  make  an  order  that  the  common  carrier 
complained  of  shall  not  thereafter  demand,  charge  or  collect 
any  rate,  fare,  telephone  rental,  toll,  or  charge  lower  than  the 
minimum  so  prescribed  without  first  obtaining  the  consent  of 
the  commission,  not  to  be  given  without  a  public  hearing. 

SECTION  22.  Whenever  the  commission  shall  be  of  opinion,  Hearmga 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  f^es.etc?1 
that  the  rates,  fares  or  charges  or  any  of  them  demanded,  ex- 
acted, charged  or  collected  by  any  common  carrier  now  or  here- 
after subject  to  its  jurisdiction,  for  any  services  to  be  performed 
within  the  commonwealth,  or  the  regulations  or  practices  of 
such  common  carrier  affecting  such  rates,  are  unjust,  unreason- 
able, unjustly  discriminatory  or  unduly  preferential  or  in  any 
wise  in  violation  of  any  provision  of  law,  or  that  the  rates,  fares 
or  charges  or  any  of  them  chargeable  by  any  such  common 
carrier  are  insufficient  to  yield  reasonable  compensation  for  the 
service  rendered  and  are  unjust  and  unreasonable,  the  commis- 
sion shall  determine  the  just  and  reasonable  rates,  fares  and 
charges  to  be  charged  for  the  service  to  be  performed,  and  shall 
fix  the  same  by  order  to  be  served  upon  every  common  carrier 
by  whom  such  rates,  fares  and  charges  or  any  of  them  are  there- 
after to  be  observed.  It  shall  be  the  duty  of  every  such  com-  orders  of 

•  i  11  •  p  commission 

mon  carrier  to  observe  and  obey  every  requirement  ot  every  to  be  obeyed, 
such  order  so  served  upon  it,  and  to  do  everything  necessary  etc< 
or  proper  in  order  to  secure  absolute  compliance  with  and  ob- 
servance of  every  such  order  by  all  its  officers,  agents  and  em- 
ployees.    The  commission  may,   after  investigation,   authorize 
a  common  carrier  in  special  cases  to  charge  less  for  longer  than 


XIV 


PUBLIC    SERVICE   COMMISSION   LAW. 


Hearings 
upon  service, 
etc. 


Orders  of 
commission 
to  be  obeyed, 
etc. 


Hearings 
upon  a  train 
crew. 


Establishment 
of  through 
routes,  joint 
rates,  etc.,  for 
passengers  or 
freight. 


for  shorter  distances  for  the  transportation  of  passengers  or 
property,  whenever  in  the  opinion  of  the  commission  such 
authorization  is  consistent  with  the  public  interests,  and  the 
commission  may  from  time  to  time  modify  or  revoke  such 
authorization. 

SECTION  23.  Whenever  the  commission  shall  be  of  opinion, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint, 
that  the  regulations,  practices,  equipment,  appliances  or  service 
of  any  common  carrier,  now  or  hereafter  subject  to  its  juris- 
diction, are  unjust,  unreasonable,  unsafe,  improper  or  inade- 
quate, the  commission  shall  determine  the  just,  reasonable, 
safe,  adequate  and  proper  regulations  and  practices,  thereafter 
to  be  in  force  and  to  be  observed,  and  the  equipment,  ap- 
pliances a,nd  service  thereafter  to  be  used  and  shall  fix  and  pre- 
scribe the  same  by  order  to  be  served  upon  every  common 
carrier  to  be  bound  thereby.  The  commission  shall  have  power 
after  such  a  hearing  to  order  from  time  to  time  that  a  railroad 
company  shall  operate  its  lines,  of  standard  gauge,  or  such 
parts  thereof  as  the  commission  shall  prescribe,  by  electric 
power  instead  of  by  steam  power,  and  in  its  order  shall  pre- 
scribe the  time  within  which  the  work  of  electrification  shall  be 
done.  Before  making  such  order,  the  commission  shall  consider 
the  relative  importance  and  necessity  of  the  changes  in  any 
specific  regulations,  practices,  equipment  and  appliances  pro- 
posed to  be  included  therein  and  of  other  changes  which  may 
be  brought  to  its  attention  in  the  course  of  such  hearing,  the 
financial  ability  of  the  carrier  to  comply  with  the  requirements 
of  the  order,  and  the  effect  of  the  carrier's  compliance  therewith, 
upon  its  financial  ability  to  make  such  other  changes,  if  any, 
as  may  be  deemed  by  the  commission  of  equal  or  greater  im- 
portance and  necessity  in  the  performance  of  the  service  which 
the  carrier  has  professed  to  render  to  the  public.  It  shall  be 
the  duty  of  every  such  common  carrier  to  observe  and  obey 
every  requirement  of  every  such  order  so  served  upon  it,  and 
to  do  everything  necessary  or  proper  in  order  to  secure  ab- 
solute compliance  with  and  observance  of  every  such  order  by 
all  its  officers,  agents  and  employees. 

SECTION  24.  Whenever  the  commission  shall  be  of  opinion, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint, 
that  the  number  of  men  forming  a  train  crew  of  any  train 
operating  in  the  commonwealth  is  not  sufficient  to  operate  said 
train  for  the  safety  of  the  public  and  the  employees  of  the  rail- 
road, it  shall  thereupon  order  such  changes  as  it  may  deem 
necessary. 

SECTION  25.  Wherever  there  is  no  satisfactory  through 
route  for  the  transportation  of  passengers  or  freight  at  a  rea- 
sonable rate  the  commission  shall  have  power  by  order,  after 
notice  and  a  public  hearing  had  upon  complaint,  to  require 
any  two  or  more  railroad  or  railway  companies  whose  lines, 
owned,  operated,  leased,  or  controlled  by  stock  ownership  or 
otherwise,  form  a  continuous  or  connecting  line  of  transporta- 


PUBLIC   SERVICE  COMMISSION   LAW.  XV 

tion,  or  could  be  made  to  do  so  by  the  construction  and  main- 
tenance of  switch  connection  or  interchange  track  at  connecting 
points,  or  by  transfer  of  property  or  passengers  at  connecting 
points,  to  establish  through  routes  and  joint  rates,  fares  and 
charges  for  the  transportation  of  passengers  and  property,  and 
for  the  operation  of  the  cars  and  other  equipment  for  such 
transportation,  within  the  commonwealth,  as  the  commission 
may  by  its  order  designate;  and,  in  case  such  companies  can- 
not agree  as  to  the  division  of  rates  or  the  conditions  under 
which  such  through  routes  or  transportation  shall  be  established 
or  such  cars  or  other  equipment  operated,  the  commission  shall 
have  power,  after  due  hearing,  to  determine  and  prescribe  the 
proportionate  portions  of  such  through  rates  payable  to  each 
of  such  companies,  the  conditions  under  which  such  through 
routes  or  transportation  shall  be  established  or  such  cars  or 
other  equipment  operated,  and,  in  case  of  railways,  to  grant 
locations  upon  which  the  grantee  company  may  construct  the 
switch  connection  or  interchange  track  necessary  to  the  estab- 
lishment of  such  through  routes  or  transportation,  or  to  the 
operation  of  such  cars  or  other  equipment:  provided,  however,  Proviso, 
that  a  railroad  or  railway  company  shall  have  control  of  and 
responsibility  for  the  management  and  operation  of  all  trains 
or  cars  while  they  are  upon  its  railroad  or  railway  as  fully  as 
if  it  owned  them.  The  commission  may,  upon  reasonable  Switch 
terms  and  conditions,  require  and  order  any  railroad  or  railway  fo^frelght  !n 
company  which  carries  freight  in  carload  lots  to  establish  and  carloadlots- 
maintain  for  the  purpose  of  receiving  or  delivering  freight  in 
carload  lots,  a  switch  connection  with  any  private  side  track 
constructed  on  land  adjoining  the  location  of  any  such  railroad 
or  railway,  if  the  commission  is  of  opinion  that  such  connection 
is  reasonable  and  practicable,  can  be  put  in  and  used  with 
safety,  and  will  furnish  sufficient  business  to  justify  its  con- 
struction and  maintenance,  and  the  commission  may  grant  to 
any  railway  company  the  necessary  locations  in  public  ways 
and  places  for  any  switch  connection  ordered  by  the  commission 
to  be  constructed  by  such  railway  company. 

,  SECTION  26.     Every  order  of  the  commission  shall  be  served  Orders  of 
upon  every  person  or  corporation  to  be  affected  thereby,  either  how  served.' 
by  personal  delivery  of  a  certified  copy  thereof,  or  by  mailing 
a  certified  copy  thereof,  in  a  sealed  package  with  postage  pre- 
paid, to  the  person  to  be  affected  thereby  or,  in  the  case  of  a 
corporation,  to  any  officer  or  agent  thereof  upon  whom  a  sum- 
mons may  be  served  under  the  laws  of  this  commonwealth.     It  Acknowiedg- 
shall  be  the  duty  of  every  person  and  corporation  to  notify  the  receipt  of 
commission  forthwith,  in  writing,  of  the  receipt  of  the  certified  OI 
copy  of  every  order  so  served,  and  in  the  case  of  a  corporation 
such  notification  shall  be  signed  and  acknowledged  by  a  person 
or  officer  duly  authorized  by  the  corporation  to  admit  such 
service.     Within  a  time  specified  in  the  order  of  the  commission  Acceptance, 
every  person  and  corporation  upon  whom  it  is  served  shall,  if  etc 
so  required  in  the  order,  notify  the  commission  in  like  manner 


XVI 


PUBLIC   SERVICE  COMMISSION   LAW. 


Procedure 
to  review 
rulings,  etc., 
of  commission 
by  the  court. 


Costs. 


Preference 
over  other 
civil  pro- 
ceedings, 
except  election 
cases. 

Enforcement 
of  orders 
by  the  court. 


Act,  how- 
construed. 


Repeal. 


Proviso. 


whether  the  terms  of  the  order  are  accepted  and  will  be  obeyed. 
Every  order  of  the  commission  shall  take  effect  at  a  time  therein 
specified  and  shall  continue  in  force  either  for  a  period  which 
may  be  designated  therein  or  until  changed  or  abrogated  by  the 
commission. 

SECTION  27.  The  supreme  judicial  court  shall  have  juris- 
diction in  equity  to  review,  annul,  modify  or  amend  any  rulings 
or  orders  of  the  commission  which  are  unlawful  to  the  extent 
only  of  such  unlawfulness.  The  procedure  before  the  said  court 
shall  be  that  prescribed  by  its  rules,  which  shall  state  upon 
what  terms  the  enforcement  of  the  order  shall  be  stayed.  The 
attorney  for  any  party  petitioning  the  supreme  judicial  court 
hereunder  shall  file  with  the  clerk  of  the  court  a  certificate  that 
he  is  of  opinion  that  there  is  such  probable  ground  for  the  ap- 
peal as  to  make  it  a  fit  subject  for  judicial  inquiry,  and  that  it 
is  not  intended  for  delay;  and  double  costs  shall  be  assessed 
by  the  court  upon  any  such  party  whose  petition  shall  appear 
to  the  court  not  to  be  a  fit  subject  for  judicial  inquiry  or  shall 
appear  to  be  intended  for  delay.  The  burden  of  proof  shall  be 
upon  the  party  adverse  to  the  commission  to  show  that  its 
order  is  invalid.  Any  proceeding  in  any  court  of  this  common- 
wealth directly  affecting  an  order  of  the  commission  or  to  which 
the  commission  is  a  party  shall  have  preference  over  all  other 
civil  proceedings  pending  in  such  court,  except  election  cases. 

SECTION  28.  The  supreme  judicial  court  shall  have  juris- 
diction upon  the  application  of  the  commission  to  enforce  all 
valid  orders  of  the  commission  and  all  the  provisions  of  this 
act.  Whenever  the  commission  shall  be  of  opinion  that  a  com- 
mon carrier  subject  to  its  supervision  is  failing  or  omitting  or 
about  to  fail  or  omit  to  do  anything  required  of  it  by  law  or  by 
order  of  the  commission,  or  is  doing  anything  or  about  to  do 
anything  or  permitting  anything  or  about  to  permit  anything 
to  be  done,  contrary  to  or  in  violation  of  the  law  or  of  any 
order  of  the  commission,  it  shall  direct  counsel  to  the  com- 
mission to  begin,  subject  to  the  supervision  of  the  attorney- 
general,  an  action  or  proceeding  in  the  supreme  judicial  court 
in  the  name  of  the  commission  for  the  purpose  of  having  such 
violations  or  threatened  violations  stopped  and  prevented  either 
by  mandamus  or  injunctions. 

SECTION  29.  This  act  shall  be  deemed  and  construed  as  a 
remedial  act  and  in  enlargement  and  extension  of  all  previous 
acts  and  existing  laws  conferring  upon  or  vesting  in  the  com- 
mission any  jurisdiction,  powers  or  discretion  with  respect  to 
any  subject  or  matter  treated  in  this  act.  Except  as  above 
provided  all  acts  and  parts  of  acts  inconsistent  with  any  pro- 
vision of  this  act,  and  all  acts  and  parts  of  acts  which  would 
in  any  way  limit  or  prevent  the  exercise  to  the  fullest  extent 
of  any  of  the  jurisdiction,  powers,  authority  or  discretion  dele- 
gated herein  to  the  commission  are  hereby  repealed:  provided, 
that  nothing  herein  contained  shall  be  construed  to  repeal, 
directly  or  by  implication,  the  provisions  of  chapter  five  hun- 


PUBLIC   SERVICE   COMMISSION   LAW. 


XV11 


dred  of  the  acts  of  the  year  eighteen  hundred  and  ninety-seven, 
or  to  authorize  the  commission  to  make  any  order  or  take  any 
action  inconsistent  with  the  provisions  of  said  act  or  with  any 
rights  which  have  been  acquired  by  any  common  carrier  under 
any  statute  prior  to  the  passage  of  this  act. 

SECTION  30.     So  much  of  section  one  of  this  act  as  provides  Time  of  taking 
for  the  appointment  of  additional  members  of  the  commission  ef 
and  for  the  designation  of  the  respective  terms  of  office  of  the 
commissioners  shall  take  effect  upon  its  passage,  and,  other- 
wise, this  act  shall  take  effect  on  the  first  day  of  July  next. 


INDEX  TO  PUBLIC  SERVICE  COMMISSION 

LAW. 


Note.  —  For  indexes  to  the  general  railroad,  railway,  telephone  and  telegraph  laws  of  the  Common- 
wealth, see  end  of  this  volume. 


A. 


ACCESS. 

to  books,  etc.,  of  state  departments.    See  BOOKS. 

ACCOUNTANTS. 

commission  may  appoint,  salaries,   . 

terms  of  office,  etc.,        ..... 


VII 

vii 

vii 


ACCOUNTS. 

of  common  carriers,  annual  audit  of, 

information  not  to  be  divulged,  penalty, 
forms  of,  how  prescribed,     . 

ACKNOWLEDGMENT. 

of  orders  of  commission.     See  ORDERS. 

ACT. 

effective  as  to  appointment,  etc.,  on  passage,  .    xvii 
otherwise  effective  July  1,  1913,  .          .          .     xvii 

AGENTS. 

of  commission,   may   enter   on   premises,   etc., 

when,  ......       vii 

of  railroad  corporations,  penalty  for  violation 

of  act,  etc.,  .....         x 

See  EMPLOYEES. 

AGREEMENTS. 

forms  of,  affecting  rates.     See  RATES. 

AMENDMENT. 

of  rulings  of  commission  by  supreme  judicial 

court,  ......     xvi 

procedure,  ......     xvi 

AMOUNT. 

of  bonds.     See  BONDS. 
of  capital  stock.     See  CAPITAL  STOCK. 
of    evidences    of    indebtedness.     See    INDEBT- 
EDNESS, EVIDENCES  OF. 
of  notes.     See  NOTES. 

ANNULMENT. 

of  rulings    of    commission    by    supreme    judicial 

court,  ......     xvi 

procedure,  ......     xvi 

APPARATUS. 

instruments,  etc.,  expenditures  for,  .          .       vi 


APPLIANCES. 

affecting  service.     See  SERVICE. 

APPLICATION    OF    PROCEEDS. 

of  bonds.     See  BONDS. 
of  capital  stock.     See  CAPITAL  STOCK. 
of    evidences    of    indebtedness.     See    INDEBT- 
EDNESS, EVIDENCES  OF. 
of  notes.     See  NOTES. 

APPRAISALS. 

audits,  examinations,  etc.,  expenditures  for, 

APPROVAL. 

of  issue  of  bonds.     See  BONDS. 

of  issue  of  capital  stock.     See  CAPITAL  STOCK. 

of    issue    of    evidences    of    indebtedness.     See 

INDEBTEDNESS,  EVIDENCES  OF. 
of  issue  of  notes.     See  NOTES. 

ASSISTANTS. 

Commission  may  employ,  salaries,  . 

terms  of  office,  etc.,        ..... 


ASSOCIATIONS. 

under  supervision  of  commission,     .          .          .  iii,  iv 

ATTORNEY-GENERAL. 

may  apply  to  supreme  judicial  court,  etc.,  for 

jurisdiction  in  equity  to  enforce  act,  .  ix 

supervision  of  counsel  in  certain  proceedings, 

etc.,  .......  xvi 

AUDITS. 

expenditures  for,    ......        vi 

of  books,  etc.,  of  common  carriers,  and  annual,       vii 

/ 
AUTHORITY. 

of  commission.     See  CONSTRUCTION  OF  ACT. 


B. 


BAGGAGE. 

free,  amount  of,  carried  on  mileage, 

BOARDS. 

of  commonwealth,  access  to  books,  etc.,  . 


XX 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


BONDS. 

railroad  corporations  may  issue,  when,     .          .  vii 

for  funding  floating  debt,     ....  vii 

for  any  other  lawful  purpose,        .          .          .vii 
may  mortgage  or  pledge  railroad,  equipment 

and  franchise,        .          .          .          .          .vii 

real  and  personal  property,  etc.,         .          .  vii 
mortgage   to   secure   all  bonds,   etc.,   pre- 
viously issued  and  outstanding,      .          .  vii: 
amount  of,  etc.,  not  to  exceed  twice  the  amount 

of  capital  stock,  .....  viii 

how  determined,          .....  viii 

certain,  deposited  not  taken  into  account,          .  viii 
determination  of  capital  stock,  etc.,  under  acts 

of  nineteen  hundred  and  eight,        .          .  viii 

hearing,  decision  within  thirty  days  of  final,  viii 
not  to  be  issued  unless  authorized  by  stock- 
holders' vote,       .          .          .          .          . 

nor  unless  countersigned,  etc.,  by  appointed 

person,        ......  viii 

or  certified  by  trust  company,            .          .  viii 

proposed  issue,  application,  approval,        .           .  viii 

decision,  within  thirty  days  of  final  hearing,  .  viii 

in  writing,  with  reasons  therefor,            .          .  viii 
order,    may    provide    for   application    of    pro- 
ceeds, etc.,             ....          viii,  ix 

other    corporations,    issue    for   purchase,    pro- 
hibited, except,    .....  ix 

approval  of,  when,      .....  ix 

superior  court,  equity,  jurisdiction  to  enforce,  .  ix 
supreme    judicial    court,    equity,    jurisdiction, 

to  enforce,            .....  ix 

pplication     by    commission,    attorney-gen- 
eral, etc.,     ......  ix 

other  states  or  foreign  countries,  for  use  in,        .  ix 

approval  not  required,  when,        .          .          .  ix 

property,  improvements  etc.,  to  be  reported,     .  ix 
of  other  corporations  controlled  by  lease,  etc., 

issue  for,     ......  ix 

proceeds  not  applied  otherwise  than  specified,   .  ix 
corporations,  also  incorporated  in  other  states, 

provisions,  ......  ix 

or  in  foreign  countries,  when,  ix 

penalty,  for  violation  of  certain  sections,            .  x 

for  unlawful  vote  or  application  of  proceeds,  x 

for  unlawful  assumption  of  debt  or  liability,   .  x 
repeal  of  acts  and  parts  of  acts  inconsistent, 

etc.,    .......  x 

BOOKS. 

of  common  carriers,  may  be  examined,  .  .  vii 
may  compel  production  of,  etc.,  .  .  .vii 
witnesses  as  to,  compelled  to  attend,  .  .  vii 

of  state  departments,  access  to,  in  making  val- 
uation, etc.,          .....     viii 

BOSTON  ELEVATED  RAILWAY. 

no  repeal  of  provisions  of  act  of  1897  to  promote 

rapid  transit,  etc.,          .          .          .       rvi,  xvii 
nor  action  inconsistent  with  prior  rights,  etc.,    xvii 

BUILDINGS. 

of  common  carriers,  may  be  inspected  by  com- 
missioners, agents,  etc.,          .          .          .vii 

BUREAU    CHIEFS. 

commission  may  appoint,  salaries,  .          .          .       vi 
terms  of  office,  etc.,        ....  vi 


c. 


vin 
viii 
viii 


via 
viii 


CAPITAL    STOCK. 

bonds,  coupon  notes,  etc.,  not  to  exceed  twice 

the  amount  of, 

commission  to  approve  proposed  issue,  appli- 
cation, 

decision  within  thirty  days  of  final  hearing, 
to  be  in  writing  and  assign  reasons  therefor, 
to  be  based  upon  price, 
order    may    provide    for    application     of 

proceeds  to,  etc.,  .          .          .          vi 

determination  of  capital  stock,  etc.,  under  acts 

of  nineteen  hundred  and  eight, 
hearing,  decision  within  thirty  days  of  final, . 
refusal  of  approval,  when,    . 
other  corporations,  issue  for  purchase  of  pro- 
hibited, except,    .... 
approval  of,  when,       .... 
other  states  or  foreign  countries,  for  use  in, 
approval  not  required,  when, 
property,    improvements    and    additions    to 

be  reported,          .... 
of  other  corporations  controlled  by  lease 

or,  etc.,        ..... 
issue  for,  approval  of,  when, 
penalty,  for  violations  of  certain  sections, 
for  unlawful  vote  or  application  of  proceeds, 
for  unlawful  assumption  of  debt  or  liability, 
price,  decision  as  to  amount,  to  be  based  upon, 
approval  refused   if  price  so  low  as  to  be  in- 
consistent with  public  interests, 
proceeds    not    to   be    applied    otherwise    than 

specified,     ..... 
prohibition  of  issue  of,  for  stock,  bonds,  etc., 

of  other  corporations,  except, 
property,   improvements,  etc.,  in  other  states, 
etc.,  to  be  reported,       .... 
provisions  not  to  apply,  when, 

to   corporations   also    incorporated   in   other 

states,  when,         .... 
or  in  foreign  countries,  when, 
repeal  of  acts  and  parts  of  acts  inconsistent, 

etc.,  .          .          .  • 
railroad  corporations  may  issue,  when, 

for  funding  floating  debt,     .... 
for  any  other  lawful  purpose, 
supreme  judicial  court  or  superior  court,  juris- 
diction in  equity  to  enforce, 
commission,     attorney-general,     any    stock- 
holder may  apply   to,  .... 
any  interested  party  may  apply  to, 

IARLOAD    LOTS. 

of  freight,  switch  connections,  track,  etc.,  when. 


JARS. 

use  of,  for  inspection  of  lines,  etc.,  .          .          .vii 
operation   of,    to   secure   through    route.     See 
THROUGH  ROUTE. 

!AR   SERVICE. 

jurisdiction  of  commission  over,  when,     .          .       iv 

CERTIFICATION. 

of  bonds,  notes,  etc.,  by  trust  company.  See 
BONDS,  INDEBTEDNESS,  EVIDENCES  OF, 
NOTES. 


via 
viii 

viii 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


XXI 


CHANGES. 

affecting  rates.     See  RATES. 

in  train  crews.     See  TRAIN  CREWS.        • 

CHARGES. 

of  common  carriers,  inquiry  into,  vi 

regulation  of,      .          .          .          .          .          .  * 

to  be  just  and  reasonable,  x 

unjust  and  unreasonable,  unlawful,  .  .  z 

heretofore  made  deemed  prima  facie  lawful,  x 

weight  of  evidence,  .....  r 

for  service.     See  RATES. 

CHARITABLE   PURPOSES. 

See  FREE  TRANSPORTATION. 

CHILDREN. 

under  twelve  years  of  age,  transportation  of, 
at  reduced  rate.     See  RATES. 

CITIES. 

may  receive  telephone  and  telegraph  service  at 

reduced  rates,  unless,  xi 

CLASSES. 

entitled  to  free  or  reduced  rate  service,     .          .        xi 

CLASSIFICATION. 

of  common  carriers,  forms  of  accounts  for  each 

class,  ......      vii 

CLASSIFICATIONS . 

for  service.     See  RATES. 

CLERKS. 

commission  may  appoint,  salaries,   .     ,     .          .        vi 
terms  of  office,  etc.,  vi 


COMMISSIONER   OF    CORPORATIONS. 

jurisdiction  of,  as  to  telephone  and  telegraph 
companies  transferred, 

COMMODITY   RATES.     See  RATES. 

COMMON   CARRIERS. 

In  General. 

accounts  of,  annual  audit,  etc., 

forms  of,  prescribed,  ..... 

charges,  to  be  just  and  reasonable, 
unjust  and  unreasonable,  unlawful, 
heretofore  made  deemed  prima  facie  lawful, 
weight  of  evidence,      ..... 

classification  of,  for  accounting, 

definition,  services  supervised  and  regulated, 

electrification  of  railroads  may  be  ordered, 

entry  upon  premises  of,  by,  when,   . 

inspection  of  property,  etc.,  by  commissioners, 

etc 

use  of  locomotive,  car,  etc., 

jurisdiction  of  commission  over, 

laws    concerning,    compilations    from    time    to 
time,  ...... 

orders  and  rulings  of  commission, 

supreme  judicial  court,  jurisdiction  to  amend, 

provisions   of  previous  acts,   etc.,   and   rights 
acquired  unrepealed,     .... 


vu 

vii 


VH 

iii,  iv 
xiv 
vii 

vii 
vii 


xvi 
xvi 


COMMON     CARRIERS  —  Concluded. 

supervision  and  regulation  of,  by  commission,    .  iii,  iv 
valuation,  etc.,  of  property,  etc.,  may  be  made,       vii 
violations   of   interstate    commerce    law,    pro- 
ceedings,    ......       vi 

of  laws  of  other  states,  proceedings,      .          .       vi 
See  SERVICE.     See  also  under  other  Titles. 

Rates. 

changes  in.     See  RATES. 

charges,     regulations,     practices,     equipment, 

services  of,  inquiry,  vi 

See  also  RATES. 

commission  may  act  upon,  xi 

previous  action  under  authority,  etc.,  not  to 

prevent,       ......        xi 

hearings,  affecting  rates.     See  RATES. 
mileage,    workingmen's,    excursion,    school    or 

commutation.     See  RATES. 
orders  fixing  rates.     See  RATES. 
passes.     See  RATES. 
schedules.     See  RATES. 
season  tickets.     See  RATES. 

Services. 

under  supervision  and  regulation,    .          .          .  iv 

appliances  for  transportation,  iv 

car  service,   .......  iv 

conveniences   in   facilitation   of   common   car- 
riage,             iv 

electric  railroads,  ......  iv 

equipment,   .......  iv 

express  service,      ......  iv 

intelligence  by  electricity,  transmission  of,         .  iv 

railroads,       .......  iv 

street  railways,      ......  iv 

telephone  lines,      ......  iv 

telegraph  lines,      ......  iv 

transmission  of  intelligence  by  electricity,          .  iv 

transportation,  etc.,  of  persons  or  property,       .  iv 

COMMONWEALTH. 

books,   etc.,   of,   access  to,   in   making   valua- 
tion, etc.,    ......     viii 

reduced  telephone  and  telegraph  service,  unless,       xi 

COMMUTATION    TICKETS.     See  RATES. 

COMPANIES. 

under  supervision  of  commission,     . 


COMPILATION   OF  LAWS. 

relating  to  common  carriers  to  be  made  from 
time  to  time,        ..... 

CONDITIONS. 

affecting  rates.     See  RATES. 
stock  issues,  supreme  judicial,  etc.,  courts  may 
enforce,       .          .          .          .          .          . 

upon  season  tickets,  subject  to  approval,  . 

CONDUITS. 

of  common  carriers,  may  be  inspected,  etc.,       . 

CONNECTING   POINTS. 

See  THROUGH  ROUTE. 


XX11 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


CONSTRUCTION     OF    ACT. 

remedial,  and  in  extension,  etc.,  of  all  previous 

acts,  etc.,    ......      xvi 

repeal  of  all  acts  limiting  jurisdiction,  powers, 

etc.,    .......     xvi 

proviso,  no  repeal  of  provisions  of  1897,  500,  xvi,  xvii 
or  permitting  action  inconsistent  with  prior 

rights,  etc.,  .....    xvii 


CONTRACTS. 

of  common  carriers  may  be  examined, 
may  compel  production  of,  etc.,  . 
witnesses  as  to,  compelled  to  attend, 

forms  of,  affecting  rates.     See  RATES. 

service  at  rates  in  certain,  no  discrimination, 
unless, 


COPIES. 

of    books,    contracts, 
duction  of, 


etc.,    compulsory    pro- 


CORPORATIONS. 

under  supervision  of  commission, 


in,  iv 


COUNSEL. 

commission  may  appoint,  salaries,  .          .          .  v 

free  transportation  for,  when,           .          .          .  xi 

terms  of  office,  etc.,         .....  v 
to  act  under  attorney-general,  when,         .          .  v,  vi 

may  start  proceedings  in  supreme  judicial  court,  xvi 

to  prevent  violations  of  laws  or  orders,  when,  xvi 

COUNTERSIGNIN  O. 

of  bonds,  evidences  of  indebtedness,  notes.  See 
BONDS,  INDEBTEDNESS,  EVIDENCES  OF, 
NOTES. 

COUPON    NOTES. 

for  more  than  twelve  months,  .          .          .  viii 

must  be  authorized  by  vote  of  stockholders,  viii 

must  be  countersigned  by  appointed  person,  viii 

or  certified  by  trust  company,  .          .  viii 

See  NOTES. 


D. 

DEBT. 

penalty  for  assuming  or  incurring,  except,         .        x 

DECISION. 

on    petitions    for    approval    of    capital    stock, 

bonds,  etc.,  .....     viii 

issue  within  thirty  days  of  final  hearing,         .     viii 
order    may    provide    for    application    of    pro- 
ceeds, etc.,  ....          viii,  ix 
writing,  in,  finding  reasons  therefor,      .          .     viii 
supreme  judicial   court  or  superior  court,  juris- 
diction to  enforce,         .          .          .          .  ix,  x 
See  ORDERS. 


DEFINITION. 

"Common  Carriers," 


III,  IV 


DEPARTMENTS. 

of  commonwealth,  access  to  books  of,  etc.,        .     viii 
in  making  valuation  of  property  of  common 

carriers,       ......     viii 


DETERMINATION. 

of  value  of  property,  etc.,  of  common  carriers,        vii 

DIRECTORS. 

penalty,  for  violation  of  certain  sections,  .        x 

DISCRETION. 

of  commission.     See  CONSTRUCTION  OP  ACT 

DISCRIMINATION. 

service   under   certain   contracts   not   to   con- 
stitute, unless,      .....        xi 
in  rates.     See  RATES. 

DIVISION   HEADS. 

commission  may  appoint,  salaries,  .          .          .       vi 
terms  of  office,  etc.,        .....       vi 

DOCUMENTS. 

of  common  carriers,  may  be  examined,  .  .  vii 
may  compel  production  of,  etc.,  .  .  .vii 
witnesses  as  to,  compelled  to  attend,  .  .  vii 

of  state  departments,  access  to,  etc.,  in  valuing 

property  of  common  carriers,          .          .     viii 

DUCTS. 

of  common  carriers,  may  be  inspected  by  com- 
missioners, agents,  etc.,          .  vii 


E. 

ELECTRICITY. 

transmission  of  intelligence  by,  jurisdiction  of 
commission,  ..... 

ELECTRIC   POWER. 

instead  of  steam,  commission  may  order, 

ELECTRIC    RAILROADS. 

jurisdiction  of  commission,      .... 
supervised  and  regulated  by  commission, 

ELECTRIFICATION. 

of  railroads,  commission  may  order, 

EMPLOYEES. 

of  common  carriers,  may  receive  free  or 
reduced  rate  service,  .... 

train  crews,  when  insufficient  to  operate  trains 
changes  may  be  ordered, 

EMPLOYEES    OF    COMMISSION. 

acts  subject  to  control  or  revision,  . 

not  subject  to  civil  service  certification,  when,  . 

to  be  assigned  to  functions  or  rank  deemed 

advisable,    ...... 

penalty  for  divulging  information  from  annual 

audit  of  books,  etc.,      .... 

ENGINEERS. 

commission  may  appoint,  salaries,  . 

terms  of  office,  etc.,        ..... 

may  enter  upon  premises  of  carriers,  when, 

ENTRY. 

on  premises  of  common  carriers  by  commis- 
sioners, etc.,  ..... 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


XX111 


EQUIPMENT. 

of  common  carriers,  inquiry  into,  vi 

may  be  inspected  by  commissioners,  agents, 

etc.,    .......       vii 

of  railroads,  may  be  mortgaged  for  payment 

of  indebtedness,  .....     viii 

operation  of,  to  secure  through  route.     See 

THROUGH  ROUTE. 
affecting  service.     See  SERVICE. 

EVIDENCES    OF    INDEBTEDNESS. 

See  INDEBTEDNESS,  EVIDENCES  OF. 

EXAMINATIONS. 

expenditures  for,   ......       vi 

EXAMINERS. 

may  enter  upon  premises  of  carriers,  when,       .      vii 

EXCURSION    TICKETS.    See  RATES. 

EXPENDITURES. 

for  opinions,  advice,  etc.     See  PUBLIC  SERVICE 
COMMISSION  (expenditures) . 

EXPERTS. 

may  ride  upon  locomotive,  car  or  steamship,  etc.,     vii 
free  transportation  for,         .          ...        id 

EXPRESS    SERVICE. 

Jurisdiction  of  commission  over,  when,     .          .       iv 


F. 


FACILITIES. 

affecting  rates.     See  RATES. 

FACTORIES. 

of  common  carriers,  etc.,  may  be  examined,  etc.,    vii 

FARES. 

charges  for.     See  RATES. 

FILING. 

of  schedules  of  rates,  etc.,        .  .  .          .        xi 

to    conform   to    requirements  of  interstate 

commerce  commission,  .  .           xi,  xii 

FIREMEN. 

free  or  reduced  rate,  while  in  uniform,      .          .         x 

FIRMS. 

under  supervision  of  commission,     .          .          .  iii,  iv 

FLOATING    DEBT. 

funding  of,  etc.  See  CAPITAL  STOCK,  BONDS, 
NOTES,  INDEBTEDNESS,  EVIDENCES  OF. 

FOREIGN  COUNTRIES. 

securities  for  use  in.  See  BONDS,  CAPITAL 
STOCK,  INDEBTEDNESS,  EVIDENCES  OF, 
NOTES. 

FORMS. 

of  contracts,  etc.,  affecting  rates.     See  RATES. 

of  season  tickets,  subject  to  approval,       .          .        xi 

FORMS    OF    ACCOUNTS. 

of  common  carriers,  classification,  etc.,     .  .  vii 

accounts  to  be  kept  in  accordance  with,  .  vii 

to  conform  to  interstate  commerce  forms,  .  vii 


FRANCHISE. 

of  railroads,  may  be  mortgaged  for  indebtedness,     viii 

FREE    TRANSPORTATION. 

of  passengers  or  property,  prohibited,        .          .         x 
exceptions,          .          .          .          .          .  x,  xi 

for  charitable    purposes,    to    be    approved    by 

commission,          .....        xi 

FREIGHT. 

through  route  for,  may  be  ordered,  etc.,  .         xiv,  xv 

FUNDING. 

indebtedness.    See  BONDS,  CAPITAL  STOCK,  IN- 
DEBTEDNESS, EVIDENCES  OF,  NOTES. 


G. 


GAUGE. 

standard,  railroads  of,  may  be  electrified,  pro- 


GENERAL    COURT. 

action  by  boards,  etc.,  under  delegated  authority 

from,            ......  xi 

not  to  prevent  action  by  commission,  when,  xi 

officers  and  employees  of,  free  transportation,  x 

annual  appropriations  by,  for  commission,         .  v 


H. 

HEARINGS. 

as  to  rates.     See  RATES. 

as  to  service.     See  SERVICE. 

before  one  commissioner,   law  repealed  as  to 

contested  caees,   .....        v 

in  and  out  of  commonwealth,  commission  rep- 
resented, ......  vi 

in  contested  cases,  quorum  of  commission  neces- 
sary, .......  v 

on  complaint  as  to  through  route,  etc.,      .          .      xiv 

on  petitions  to  interstate  commerce  commis- 
sion, .......  vi, 

on  proposed  issues  of  bonds,  capital  stock,  etc. 
See  BONDS,  CAPITAL  STOCK,  INDEBTED- 
NESS, EVIDENCES  OF,  NOTES. 

quorum  to  hear  and  decide  contested  matters-,        v 
See  SUPREME  JUDICIAL  COURT. 


I. 


IMPROPER    SERVICE.     See  SERVICE. 
INADEQUATE    SERVICE.     See  SERVICE. 

INDEBTEDNESS. 

See  BONDS. 

See  CAPITAL  STOCK. 

See  NOTES. 

See  INDEBTEDNESS,  EVIDENCES  OF. 

INDEBTEDNESS,    EVIDENCES  OF. 

railroad  corporations  may  issue,  when,     .          .  viii 
for  funding  floating  debt,     ....  viii 
for  any  other  lawful  purpose,        .          .          .  viii 
mortgage    to    secure    all    bonds,   etc.,   pre- 
viously issued  and  outstanding,      .          .  viii 


XXIV 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


Vlll 

viii 
viii 
viii 


Vlll 

viii 
viii 
viii 
viii 


INDEBTEDNESS,  EVIDENCES  OF  —  Concluded, 
amount  of,  etc.,      ...... 

not  to  exceed  twice  the  capital  stock,    . 
how  determined,      ..... 

certain  bonds  deposited  not  taken  into  account, 
determination  of  capital  stock,  etc.,  under  acts 

of  nineteen  hundred  and  eight,      .          .     viii 

hearing,  decision   within  thirty  days  of  final,     viii 

not  to  be  issued  unless  by  vote  of  stockholders,     viii 

not  unless  countersigned  by  appointed  person,     viii 

or  certified  by  trust  company, 
commission  to  approve  proposed  issue,     . 

application  to,    . 
decision  within  thirty  days  of  final  hearing, 

to  be  in  writing  and  assign  reasons, 
order  may  provide  for  application  of,  particular 

uses,  ......          viii,  ix 

other  states  or  foreign  countries,  for  use  in,        .        ix 

approval  not  required,  when,  ix 

property,  improvements,  etc.,  to  be  reported,       ix 

of  other  corporations,  etc.,  issue  for,        .          .        ix 

proceeds  to  be  applied  as  specified  in  order,       .        ix 

property,  improvements,  etc.,  to  be  reported,        ix 

prohibition  of  issues  of,  for  stock,  etc.,  of  other 

corporations,  except,  ix 

other  corporations,  issue  for  purchase  of,  pro- 
hibited, except,    .....        ix 

approval  of,  when,      .....        ix 

supreme  judicial  court  or  superior  court,  juris- 
diction in  equity  to  enforce,  .          .        ix 
commission,     attorney-general,     any    stock- 
holder may  apply  to,    .          .          .  ix 
interested  party  may  apply  to,           .          .        ix 
penalty,  for  violation  of  certain  sections,            .         x 
for  unlawful  vote  or  application  of  proceeds,  x 
for  unlawful  assumption  of  debt  or  liability,  x 
repeal  of  acts  and  parts  of  acts  inconsistent,  etc.,        x 

INJUNCTION. 

proceedings  to  prevent  violations  of  law  or  order 

of  commission,      .....      xvi 
to  prevent  threatened  violations,  etc.,       .          .      xvi 

INSPECTION. 

of    property,    equipment,    buildings,   factories, 

offices,          ......       vii 

of  plants,  power-houses,  ducts,  conduits,  .       vii 

service,   transportation,    etc.,   in   connection 

therewith,   .          .....      vii 

locomotive,  car,  etc.,  for  use  of  commission,         vii 

INSPECTION    CAR. 

use  of,  for  inspection  of  lines,  etc.,   .          .          .vii 

INSPECTION   LOCOMOTIVE. 

use  of,  for  inspection  of  lines,  etc.,  .          .          .vii 


INSPECTORS. 

commission  may  appoint,  salaries,   . 

free  transportation  for,  when, 

terms  of  office,  etc.,         ..... 

may  enter  upon  premises  of  common  carriers, 

when,  ...... 

may  ride  upon  locomotive,  car  or  steamship  for 

physical  inspection,       .... 

INTERCHANGE    TRACKS. 

to  secure  through  routes.     See  THROUGH  ROUTE. 


INTERESTED   PARTY. 

may  apply  to  supreme  judicial  court,  etc.,  for 
enforcement  of  provisions, 

INTERSTATE   COMMERCE    COMMISSION. 

commission  may  petition, 

may  present  evidence  and  argument  to, 
forms  of  accounts  of,  to  be  followed, 
of  memoranda  and  records  to  be  followed, 
schedules   of   rates   to   conform   to   forms  pre- 
scribed by,  ....  j 
publication,  etc.,  to  conform  to,        . 

INTERSTATE    COMMERCE   LAW. 

violation  of,  commission  may  prosecute,  when, 
free  or  reduced  rate  given  classes  defined  in, 

INVESTIGATIONS. 

begun  by  Massachusetts  highway  commission 

may  be  continued  by, 

pending  proceedings  brought   by  or  against, 
not  affected,        ..... 
may  be  prosecuted  or  defended  by,  if, 
rights  or  penalties  not  waived,    . 

recovery  or  indictment  not  affected, 
inquiry  into  regulations,  practices,  equipment, 
service,  etc.,          ..... 
action     if     unjust,     unreasonable,     unsafe, 

improper  or  inadequate, 

of  valuation  of  property  of  common  carriers,     . 
of  rates.     See  RATES. 


JOINT   RATES. 

charges  for.     See  RATES. 

JOINT    STOCK    ASSOCIATIONS. 

under  supervision  of  commission,     . 

JURISDICTION. 

of  commission,        ..... 
See  also  CONSTRUCTION  OF  ACT. 


vu 
vii 


xiv 
vii 


L. 


LAW. 

violation  of,  or  order,  proceeding  in  supreme 

judicial  court,       .          .          .          .          .xvi 

LEGISLATURE.     See  GENERAL  COURT. 

LETTER   CARRIERS. 

free  or  reduced  rate  while  in  uniform,        .          .         x 

LIABILITY. 

penalty  for  assuming  or  incurring,  except,          .          x 

LIMITATIONS. 

affecting  rates.     See  RATES. 

LOCATIONS. 

for    switch    connections    for    through    routes. 
See  THROUGH  ROUTE. 

LOCOMOTIVE. 

commission  may  have  use  of,  for  inspection  of 

lines,  etc.,   .          .          .          .          .          .vii 


INDEX   TO    PUBLIC    SERVICE    COMMISSION    LAW. 


XXV 


M. 

MANDAMUS. 

proceedings    to   prevent    violations   of    law   or 

orders  of  commission,    ....      xvi 
to  prevent  threatened  violations,  etc.,      .          .      xvi 

MASSACHUSETTS     HIGHWAY     COMMIS- 
SION. 

electricity,     transmission     of,     jurisdiction     of 

transferred,  .          .          .          .  iv,  v 

compensation  not  affected,  iv 

employees,  transferable,  v 

investigations,        examinations,        proceedings, 
appeals      pending,     jurisdiction      trans- 
ferred,         ......        iv 

actions,    proceedings,    civil    or    criminal,    by 

or  against  not  affected,  iv 

may  be  prosecuted  or  defended  in  name  of 

public  service  commission,  if,          .          .        iv 
orders,     rulings,     etc.,     in     force     not     invali- 
dated, .          .          .          .          .          .   iv,  v 

rights  or  penalties  not  waived,      .          .          .         v 
recovery  or  indictment  not  affected,  .        v 

repeal    of    section    assessing    certain    expenses 

of,       .......       iv 

transfer  of  books,  maps,  papers,  files  and  records 

by,  to  public  service  commission,  .          .         v 

MEMORANDA. 

of  common  carriers,  may  be  examined,     .          .       vii 

may  compel  production  of,  etc.,   .          .          .vii 

witnesses  as  to,  compelled  to  attend,     .          .       vii 

forms  of,  may  be  prescribed,         .          .          .vii 

to  conform  to  interstate  commerce  forms,         vii 

MODIFICATION. 

of  rulings  of  commission  by  supreme  judicial 

court,  ......      xvi 

procedure,  ......     xvi 

MORTGAGES.    See  BONDS,     NOTES,     INDEBT- 
EDNESS, EVIDENCES  OF. 


N. 


NOTES. 

railroad  corporations  may  issue,  when, 

for  funding  floating  debt,     .... 

for  any  other  lawful  purpose, 
mortgage    to    secure    all    bonds,    etc.,   pre- 
viously issued,  etc.,       .... 

amount  of,  etc.,  not  to  exceed  twice  the  capital 
stock,  ...... 

how  determined,          ..... 

certain  bonds  not  taken  into  account,   . 
to  be  authorized  by  vote  of  stockholders, 
and  countersigned  by  appointed  person, 

or  certified  by  trust  company, 
commission  to  approve  proposed  issue, 

application  to,    ...... 

decision  within  thirty  days  of  final  hearing, 
in  writing  and  reasons  therefor,  assigned, 
determination  of  capital  stock,  etc.,  under  acts 

of  nineteen  hundred  and  eight, 
hearing,  decision  within  thirty  days  of  final,   . 
order  may  provide  for  application  of  proceeds, 

etc.,    .          .          .          .          .          .          viii,  ix 


Vlll 

viii 
viii 


Vlll 

viii 
viii 
viii 
viii 
viii 
viii 
viii 
viii 
viii 

viii 
viii 


NOTES  —  Concluded. 

other  states  or  foreign  countries,  for  use  in, 
approval  not  required,  when, 
property,    improvements    and    additions,    to 
be  reported,          ..... 

of     other     corporations     controlled,     etc., 
issue  for,     ...... 

proceeds  to  be  applied  as  specified  in  order, 
provisions  not  to  apply  to  corporations  in  other 
states,  when,         ..... 

or  in  foreign  countries,  when, 
property,  improvements,  etc.,  to  be  reported,    . 
prohibition  of  issues  of,  for  notes,  etc.,  of  other 
corporations,  except,     .... 

other  corporations,  for  purchase  of,  prohibited, 
except,         .          ..... 

approval  of,  when,       ..... 

supreme  judicial  court  or  superior  court,  juris- 
diction, etc.,  ..... 

commission,     attorney-general,     any     stock- 
holder may  apply,          .... 

any  interested  party  may  apply  to,   . 
penalty,  for  violation  of  certain  sections, 

for  unlawful  vote  or  application  of  proceeds, 

for  unlawful  assumption  of  debt  or  liability, 

repeal  of  acts  and  parts  of  acts  inconsistent,  etc., 


NOTICE. 

of  change  affecting  rates. 


See  RATES. 


NOTIFICATION. 

of  receipt  of  orders  of  commission.     See  ORDERS. 


o. 


OFFICES. 

of  common  carriers,  may  be  examined,  etc.,    .       vii 

OFFICERS. 

or  employees  of  commission,  vi 

not    subject    to    civil    service    certification, 

when,  ......       vi 

of  railroad  corporations,   penalty  for  violation 

of  certain  sections,  x 

of  general  court,  free  transportation,         .          .         x 

OPERATION. 

of   cars,    etc.,  to   secure    through    route.     8ee 
THROUGH  ROUTE. 

OPINIONS. 

advice,  etc.,  expenditures  for,  vi 

ORDERS. 

served  upon  persons  or  corporations  affected,    .  xv 
service,  by  personal  delivery  or  mailing  certified 

copy,           ......  xv 

injunction,   proceedings    to    prevent    violations 

of  law  or  order  of  commission,        .           .  xvi 

to  prevent  threatened  violations,  etc.,  .          .  xvi 
mandamus,   proceedings    to  prevent  violations 

of  law  or  order  of  commission,        .          .  xvi 

to  prevent  threatened  violations,  etc.,  .           .  xvi 

notification  of  receipt  in  writing  to  be  returned,  xv 

to  be  signed  by  officer  of  corporation,   .          .  xv 

terms  of  order,  acceptance  and  obedience  to,    xv,  xvi 

time  of  taking  effect  to  be  specified,          .          .  xvi 

supreme  judicial  court,  etc.,  jurisdiction,        ix,  x,  xvi 


XXVI 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


ORDERS  —  Concluded. 

to  be  entered  of  record,  .          .          .          .        v 

to  continue  in  force  until  changed  or  abrogated,      xvi 
violation    of,    proceeding    in    supreme    judicial 

court,  if, xvi 

OTHER   CORPORATIONS. 

capital  stock,  bonds  of,  etc.,    ....        is 
issues  of  stock  or  bonds  for  purchase  of,  pro- 
hibited, except,    .....        is 
purchase  of,  issues  of  stock  and  bonds  for,  pro- 
hibited, except,    .....        is 
approval  of,  when,      .....       ix 

P. 

PAPERS. 

of  common  carriers  may  be  examined,  .  .  vii 
may  compel  production  of,  etc.,  .  .  .  vii 
witnesses  as  to,  compelled  to  attend,  .  .  vii 

PASSENGERS. 

through  route  for,  may  be  ordered,  .          .      xiv 

notice  and  hearing,      .....      xiv 
transfer    of,  at    connecting    points,    etc.     See 
THROUGH  ROUTE. 

PASSENGER   TICKETS.     See  RATES. 
PASSES.     See  FREE  TRANSPORTATION. 

PAYING. 

indebtedness.     See  BONDS,  CAPITAL  STOCK,  IN- 
DEBTEDNESS, EVIDENCES  OF,  NOTES. 

PENALTY. 

for  divulging  information,  audit  of  books,  etc.,  vii 

for  violation  of  certain  sections,        .          .          .  x 

for  unlawful  vote  on  stock,  etc.,  issue,       .           .  x 

or  on  application  of  proceeds,  x 

for  unlawful  assumption  of  debt  or  liability,      .  x 

PERSONAL  PROPERTY. 

mortgage  of,  to  secure  bonds,  .          .          .     viii 

PERSONS. 

transportation  or  carriage  of,   supervised  and 

regulated,   ......       iv 

under  supervision  of  commission,     .          .          .  iii,  iv 

PLANS. 

surveys,    appraisals,    etc.,    expenditures   for,   .       vi 

PLANTS. 

of  common  carriers,  may  be  inspected,  etc.,       .      vii 

POLICEMEN. 

free  or  reduced  rate  while  in  uniform,       .          .         x 

POWER  HOUSES. 

of  common  carriers,  may  be  inspected,  etc.,       .      vii 

POWERS. 

of  commission.     See  CONSTRUCTION  OF  ACT. 

PRACTICES 

of  common  carriers,  inquiry  into,  vi 

affecting  rates.     See  RATES. 
affecting  service.     See  SERVICE. 


PREMIUMS. 

determination  of  capital  stock,  etc.,  under  acts 
of  nineteen  hundred  and  eight, 


PRIVATE   SIDE  TRACK. 

switch  connection  with,  etc.,  .          .          .  xv 

PRIVILEGES. 

affecting  rates.     See  RATES. 

PROCEEDS. 

of  bonds.     See  BONDS. 
of  capital  stock.     See  CAPITAL  STOCK. 
of  evidences  of  indebtedness.     See  INDEBTED- 
NESS, EVIDENCES  OF. 
of  notes.     See  NOTES. 

PROPER  PRACTICES.     See  SERVICE. 
PROPER  REGULATIONS.     See  SERVICE. 

PROPERTY. 

of  common  carriers,  may  be  inspected,      .          .       vii 
valuation  and  revaluation  may  be  made,       vii,  viii 
transfer  of,    at    connecting    points,    etc.     See 

THROUGH  ROUTE. 
transportation    or  carriage  of,  supervised  and 

regulated,   ......       iv 

of  railroads,  may  be  mortgaged,  etc.,        .          .     viii 

in  other  states  and  foreign  countries,  etc.,      .        ix 

additions,  etc.,  to  be  reported,  .          .        ix 

PUBLICATION. 

of  schedules  of  rates,  etc.,  xi 

in  accordance  with  requirements  of  interstate 

commerce  commission,  .          .  xi,  xii 

PUBLIC  HEARINGS. 

affecting  rates.     See  RATES. 
in  and  out  of  commonwealth,  commission  rep- 
resented,     ......        vi 

See  also  HEARINGS. 

PUBLIC   SERVICE   COMMISSION. 
In  General. 

act,  to  change  name  of,  from  board  of  railroad 

commissioners,  etc.,       .          .          .          .iii 

•         remedial,  and  in  extension,  etc.,  of  all  pre- 
vious acts,  etc.,  ....      xvi 

repeal     of     all     acts     limiting     jurisdiction, 

powers,  etc.,          .....      xvi 

no  repeal  of  provisions  of  1897,  500,         xvi,  xvil 
or  of  action  inconsistent  with  prior  rights, 

etc.,          ......     xvii 

appointment,  of  commissioners,        .          .          .iii 
to  take  effect  on  passage  of  act,         .          .    xvii 
of    accountants,    assistants,    bureau    chiefs, 
clerks,  division  heads,  inspectors,    statis- 
ticians and  other  subordinates,      .          .        vi 
of  counsel,  etc.,  .....        v 

certified    copies    of    official    documents    under 

official  seal,  .....         v 

shall  be  evidence  in  all  courts  of  the  common- 
wealth,       ......        v 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


XXV11 


PUBLIC  SEEVICE  COMMISSION  —  Continued 

chairman  to  be  chosen  whenever  a  new  appoint- 
ment is  made,      .....       iii 

contested  matters,  not  to  be  heard  nor  decided 

by  less  than  quorum,  if,         .          .          .         v 
repeal  of  law  for  hearing,  etc.,  by  one  com- 
missioner in  contested  cases,  .          .         v 
discretion  of.     See  CONSTRUCTION  OP  ACT. 
employees    of.     See    EMPLOYEES  OF  COMMIS- 
SION. 
expenditures,  authorized  as  deemed  requisite  in 

performance  of  duties,  .          .  vi 

for  opinions,  advice,  etc.,  vi 

for  plans,  surveys,  etc.,  vi 

for  appraisals,  audits,  examinations,  statistics, 

information,          .....        vi 

for    apparatus,    instruments,    books,    tables, 

maps,  drawings,  .....       vi 

for  supplies  and  sundries,  vi 

for  travel  and  incidental  expense  within  and 

without  the  commonwealth,  .          .       vi 

expenses  to  be  annually  appropriated  by  gen- 
eral court,  ......         v 

repeal  of  certain  sections  relating  to,     .  v 

fees,  for  certified  copies,  etc.,  to  be  paid  into 

treasury  of  commonwealth,   .          .          .         v 
governor  to  appoint,       .....        iii 

hearings,  quorum  necessary  on  contested  mat- 
ters, etc.,     ......        v 

in   and   out   of    commonwealth,    representa- 
tion of,         .          .          .          .          .  vi 

inspectors  of,  terms,  etc.     See  INBPECTOBS. 
jurisdiction  of,        .          .          .          .          .          .iii 

See  also  CONSTRUCTION  OF  ACT. 
Massachusetts   highway    commission,    transfer 

of  powers  from,  to.          .          .          .          .         v 

membership     to     consist    of     five     competent 

persons,       ......       iii 

no  more  than  three  from  the  same  political 

party,          ......       iii 

qualifications  and  disabilities  of,  .          .        iii 

quorum,  three  members  shall  constitute,         .         v 
salaries,  and  expenses,          .          .          .  iii,  v 

repeal  of  certain  sections  relating  to,  .         v 

terms  of  office,  length  of,     .          .          .          .        iii 

orders    of,    service,    notification   of   receipt    of, 

etc.     See  ORDERS. 
penalty,     for    divulging     information     secured 

for,      .......       vii 

powers  of.     See  below.     See  also  CONSTRUC- 
TION OF  ACT. 

railroad    commission,    name    of,    changed    to,         iii 
membership  enlarged,  ....        iii 

recommendations  of,  to  be  entered  of  record,     .         v 
records,  of    all    votes,    recommendations    and 

orders  to  be  entered,  v 

of    common    carriers,    examination,    produc- 
tion of,  etc.,          .....       vii 

may  prescribe  form  of,     .          .          .          .      vii 

special    power    and    duties.     See    below.     See 

also  the  several  TITLES  in  this  index, 
superior  court,  jurisdiction  in  equity,  etc.,          .        ix 
application  to,    .          .          .          .          .  ix 

supreme  judicial  court,  jurisdiction  in  equity,    ix,  xvi 
to  review,  annul,  modify  or  amend  rulings  or 

orders  of,     .          .          .          .          .          .      xvi 

travel,  in  and  out  of  commonwealth,  expendi- 
tures, .          .          .          .          .       •  .        vi 

vacancies  in  commission,  when  filled,  new  elec- 
tion for  chairman,  iii 


PUBLIC  SERVICE  COMMISSION  —  Continued. 
Powers  and  Duties. 

accounts,  audit  of,  etc.     See  ACCOUNTS. 

form   of,   classification,   etc.     See  FORMS  OF 
ACCOUNTS. 

approval,  of  issue  of  bonds,  by.     See  BONDS. 
of  issue  of  capital  stock.     See  CAPITAL  STOCK. 
of  issue  of  evidences  of  indebtedness.     See 

INDEBTEDNESS,  EVIDENCES  OF. 
of  issue  of  notes.     See  NOTES. 

authority  of.     See  CONSTRUCTION  OF  ACT. 

bonds,  approval  of,  by,  etc.     See  BONDS. 

capital  stock,  approval  of,  by,  etc.  See  CAP- 
ITAL STOCK. 

common  carriers,  jurisdiction  of,  as  to.  See 
COMMON  CARRIERS. 

electricity,  transmission  of,  jurisdiction  trans- 
ferred, .  .  .  .  .  .  iv,  v 

electric  power,  instead  of  steam,  may  order,      .      xiv 

entry  on  premises  of  carriers  by,  or  by  author- 
ized agents,  engineers,  inspectors  or 
examiners,  .  .  .  .  .vii 

equipment  of  common  carriers,  inquiry  into,  by. 

See  EQUIPMENT. 
inspection  of,  by.     See  EQUIPMENT. 

examination,  of  books,  etc.,  of  common  carriers. 

See  BOOKS. 

of  state   departments  in   making  valuation. 
See  BOOKS. 

indebtedness,  evidences  of,  approval  of,  by. 
See  INDEBTEDNESS,  EVIDENCES  OF. 

inquiry,  into  service,  etc.  See  INVESTIGA- 
TIONS, SERVICE. 

inspection,  by,  of    property,  equipment,  build- 
ings,  .......      vii 

of  plants,  factories,  power  houses,  offices,       .       vii 
of  ducts,  conduits,  etc.,        .          .          .          .vii 

use   of   locomotive,    car   or   steamship   for 
inspection  service,          .          .          .          .vii 

interstate  commerce  commission,  petitions  to,  by,      vi 
forms  of  accounts  of,  followed  by,          .          .       vii 

interstate  commerce  law,  violations  of,  prosecu- 
tion by,  ......  vi 

investigations,    of   state   highway    commission, 

to  be  continued  by,  iv 

into   regulations,   practices,   equipment,   ser- 
vice, etc.,    ......      xiv 

notes,  approval  of,  by,  etc.     See  NOTES. 

railroad  and  railway  lines,  inspection  of,  etc.,  .       vii 

rates,  of  common  carriers,  filing  with,  etc.     See 

RATES. 
changes  in,  power  of,  etc.     See  RATES. 

regulation  of  service.     See  SERVICE. 

representation  at  public  hearings,  in  and  out  of 

commonwealth,    .....       vi 

service  of  common  carriers,  inquiry  into,  super- 
vision, etc.  See  SERVICE. 

switch  connections,  interchange  track,  etc., 
power  to  order.  See  THROUGH  ROUTE. 

telephone  and  telegraph  lines,  jurisdiction  of. 
See  TELEPHONE  LINES.  See  TELEGRAPH 
LINES. 

through  route  for  passengers  and  freight,  power 
to  order.  See  THROUGH  ROUTE. 

tickets,  season,  etc.,  form  of,  approval  by,          .        xi 

transportation,  free,  of  passengers  or  property. 

See  FREE  TRANSPORTATION. 
for  charitable  purposes,  approval,  etc.     See 
FREE  TRANSPORTATION. 


XXV111 


INDEX    TO    PUBLIC    SERVICE    COMMISSION    LAW. 


PUBLIC  SERVICE  COMMISSION  —  Concluded 
valuation,  revaluation,  of  property  of  carriers, 

by,     ......         vii,  viii 

votes,  recommendations,  etc.,  as  to,  shall  be 

entered  of  record,          .          .          .          .         v 

See  also  the  various  TITLES  in  this  index. 

PUBLIC  WATS. 

locations  in,  for  switch  connections.  See 
THROUGH  ROUTE. 

PUPILS. 

transportation  of,  at  reduced  rate.     See  RATES. 

PURPOSES. 

of  funding  floating  debt.  See  BONDS,  CAPITAL 
STOCK,  INDEBTEDNESS,  EVIDENCES  OF, 
NOTES. 


R. 


RAILROAD. 

employees.     See  EMPLOYEES. 

examination  of,  inspection  of,  etc.,  .          .      vii 

may  be  mortgaged  for  payment  of  indebtedness,    viii 
stations,  inspection  of,   .          .          .          .          .vii 

RAILROAD    COMMISSION. 

act  to  change  name  and  enlarge  membership  of,         iii 
hereafter  to  be  called  the  public  service  com- 
mission,      ......       iii 

RAILROAD   CORPORATIONS. 

bonds,  issue  by.     See  BONDS. 
capital  stock,  issue  by.     See  CAPITAL  STOCK. 
evidences  of  indebtedness,  issue  by.     See  IN- 
DEBTEDNESS, EVIDENCES  OF. 
jurisdiction  of  commission  over.     See  PUBLIC 

SERVICE  COMMISSION. 
notes,  issue  of,  by.     See  NOTES. 
officers    of,    penalty    for    violation    of    certain 

sections,      ......         x 

of  other  states  or  countries,  issue  of  securities 

by  or  for,    ......        ix 

See  COMMON  CARRIERS. 
See  RATES. 
See  SERVICE. 

RAILROAD  LINES. 

electrification  of,  commission  may  order,  .      xiv 

inspection  of,  commission  may  have  use  of  loco- 
motive, etc.,         .....      vii 
supervised  and  regulated  by  commission,  .       iv 

switch  connections,  etc.     See  THROUGH   ROUTE. 
See  EQUIPMENT. 


RAILWAY  LINES. 

inspection  of, 

supervised  and  regulated  by  commission, 
See  COMMON  CARRIERS. 

RATES. 

In  General. 

certain,  not  to  constitute  discrimination,  unless, 
charges,  regulations,  practices,  equipment,  serv- 
ices, of  common  carriers,  inquiry  into,    . 
to  be  just  and  reasonable,    .... 
unjust  and  unreasonable,  unlawful, 
heretofore  made  deemed  prima  facie  lawful, 
weight  of  evidence,      ..... 


vii 


RATES  —  Continued. 

commission  may  regulate  and  prescribe,  .          .        xi 

common  carriers  may  make,  xi 

delegated  authority  from  General  Court  not  to 

prevent  action,    .....        xi 

just  and  reasonable,  to  be,  etc.     See  CHARGES. 

division  of,  in  connection  with  through  routes. 
See  THROUGH  ROUTE. 

mileage,    workingmen's,    excursion,    school    or 
commutation    passenger    tickets,    issued 
unless,          ......        xi 

joint   interchangeable    mileage   tickets   may 

be  issued,    ......        xi 

special  privileges  as  to  amount  of  free  bag- 
gage, ......        xi 

reduced  rate  tickets,  for  children  under  twelve, 

may  be  issued,     .....        xi 
for  pupils  attending  school,  may  be  issued,  .        xi 

season  tickets,  subject  to  approval  as  to  form 

and  conditions,    .....        xi 

Changes  in  Rates. 

changes,  without  notice,  commission  may  allow 

for  good  cause,     .....       xii 

may  prescribe  conditions,    ....      xii 

may  suspend  taking  effect  of  changes,  .       xii 

notice  to  state  changes  proposed  and  time  when 

effective,     ......       xii 

thirty  days'  notice  required,  unless,  .          .       xii 

to  be  plainly  indicated  on  existing  schedules,    .       xii 
new  schedules  may  be  printed  and  filed,         .       xii 
hearing,  public,  on  complaint,  etc.,  as  to  pro- 
posed changes,     ....          xii,  xiii 

investigation  may  be  made,          .          .          .xii 
suspension  of,  taking  effect  of  changes  for  not 

less  than  six  months,    ....     xiii 

order  may  issue  after  hearing,       .          .          .     xiii 
burden  of  proof  to  show  increase  necessary,        xiii 
power  to  determine  just  and  reasonable  min- 
imum rate,  .....     xiii 

no  charge  lower  than  minimum  without  con- 
sent after  hearing,          ....      xiii 

hearing  on  commissions'  motion  or  complaint,  .      xiii 
determination,  as  to  unjust,  etc.,  rates,  fares 

or  changes,  .....     xiii 

that  regulations,  etc.,  are  unjustly  discrim- 
inatory or  unduly  preferential,        .          .      xiii 
that  rates  are  insufficient  to  yield  reasonable 

compensation,  ....      xiii 

are  unjust  or  unreasonable,  .          .          .      xiii 
order    fixing    just    and    reasonable    rates, 
etc.,    .......     xiii 

to  be  served  upon  common  carriers,  etc.,    .      xiii 
observance   of,   by   officers,   agents   and 
employees,        .....     xiii 

carrier  may  charge  less  for  longer  than  for 

shorter  distances,  .  .  .  riii,  xiv 
commission  to  determine  and  authorize,  xiv 
may  revoke  such  authorization,  .  .  xiv 

Schedules  of  Rates. 

to  be  filed  and  printed,  .          .          .        xi 

open  to  public  inspection,  .          .          .        xi 

to   conform   to   forms   and   requirements   of 

interstate  commerce  commission,   .  xi,  xii 

to  include  conditions,  limitations,  rules  and 

regulations,  .....        xi 

to    include    forms    of    contracts    or    agree- 
ments, .          .        xi 


INDEX   TO    PUBLIC    SERVICE   COMMISSION    LAW. 


XXIX 


RATES  —  Concluded. 

no  different  rate,  joint  rate,  fare,  etc.,  to  be  de- 
manded, etc.,       .          ....       xii 
nor  telephone  rental,  toll  or  charge,       .          .      xii 
refunding  of  rates,  etc.,  prohibited,  .          .       xii 

rules,  regulations,  privileges  and  facilities  to  be 

uniform,      ......       xii 

Telephone  and  Telegraph  Companies. 

may  continue  to    furnish    service,    etc.,    under 

existing  contracts,          .          .          .          .xii 

not  to  collect  different  rentals,  tolls,  etc.,  from 

schedule,     ......       xii 

schedules  subsequently  filed  not  to  affect,  .  xii 
contracts  terminable  by  notice,  .  .  .xii 
commission  may  direct  termination  by  order, 

when,  .          .          ."  .          .xii 

REAL  ESTATE. 

mortgage  of,  to  secure  bonds,  .          .          .     viii 

RECOMMENDATIONS. 

to  be  entered  of  record,  v 

RECORDS. 

of    commission,    every    vote,    recommendation 

and  order  to  be  entered,  v 

of  state  departments,  access  to,  in  making  valua- 
tion, etc.,  of  property  of  common  carriers,     viii 
of    common    carriers,    may    be    examined,     .      vii 
may  compel  production  of,  etc.,   .          .          .vii 
witnesses  as  to,  compelled  to  attend,     .          .      vii 
forms  of,  may  be  prescribed,         .          .          .vii 
to  conform  to  interstate  commerce  forms,         vii 

REDUCED   RATE. 

service  at,  for  employees,  etc.,          .          .          .   x,  xi 

REFUNDING. 

indebtedness.     See    BONDS,    CAPITAL    STOCK, 
INDEBTEDNESS,  EVIDENCES  OF,  NOTES. 

REGULATIONS. 

of  common  carriers,  inquiry  into,  vi 

affecting  rates.     See  RATES. 
affecting  service.     See  SERVICE. 

REPEAL. 

of  all  acts  and  parts  of  acts  inconsistent,  etc.,    .      xvi 
of  certain  laws  as  to  issue  of  stock,  bonds,  etc.,         x 
of  law  for  apportioning  expenses,  etc.,  of  com- 
mission,      ......         v 

of  law   for   apportioning   certain   expenses  of 

Massachusetts  highway  commission,       .        iv 
of  provision  that   contested  matters  may  be 

heard  by  one  commissioner,  ._        .        v 

provisions  of  previous  acts,  etc.,  and  rights  ac- 
quired unrepealed,  etc.,          .          .          .    xvii 

REPRESENTATION. 

of  commission  at  public  hearings  in  or  out  of 

commonwealth,    .....       vi 
before    interstate    commerce    commission,          vi 

REQUIREMENTS. 

affecting  stock  issues,  supreme  judicial,  etc., 

courts  may  enforce,      .          .          .          .  ix,  x 


REVALUATION. 

of  property  of  common  carriers  may  be  made,  vii,  viii 
access  to  books,  etc.,  of  state  departments 

may  be  had,         .....     viii 

REVIEW. 

of  rulings  of  commission  by  supreme  judicial 

court,  .          .  .          .          .     xvi 

procedure,  .          .          .          .          .          .     xvi 

ROUTE.     See  THROUGH  ROUTE. 

RULES. 

affecting  rates.     See  RATES. 


s. 


SCHEDULES. 

of  rates.     See  RATES. 


SCHOOL  TICKETS.     See  RATES. 

SEAL. 

official,  shall  be  judicially  noticed,  . 

documents  and  orders  certified  under,  to  be 
evidence,  when,    ..... 

SEASON  TICKETS. 

form  and  conditions  subject  to  approval  of  com- 
mission, ...... 

SERVICE. 

In  General. 

of  common  carriers,  inquiry  into, 

use  of  locomotive,  car  or  steamship  in  connec- 
tion with  inspection,  .... 

at  reduced  rates  to  employees,  etc., 

free,  for  charitable  purposes,  to  be  approved  by 
commission,  ..... 

telephone  and  telegraph,  at  reduced  rate  to 
commonwealth,  any  city  or  town,  unless, 

charges  for.     See  RATES. 

of  orders  of  commission.     See  ORDERS. 

Regulation  after  Hearing. 

inquiry  into  regulations,  practices,  equipment, 
service,  etc.,          ..... 
action  if  unjust,  unreasonable,  unsafe,   im- 
proper or  inadequate, 
standard  gauge  lines  to  operate  by  electricity, 

commission  may  order, 
time  for  electrification  may  be  prescribed, 
relative  importance  and  necessity  of  changes 
to  be  considered,  .... 

duty  of  common  carriers  to  observe  and  obey 
requirements,  ..... 

SERVICE,   FREE.     See  FREE  TRANSPORTATION. 

SERVICES.  • 

supervised  and  regulated  by  commission,  .  i 

STATES,   OTHER. 

securities  for  use  in.  See  BONDS,  CAPITAL 
STOCK,  INDEBTEDNESS,  EVIDENCES  OF, 
NOTES. 


vii 
x,  xi 


xiv 

xiv 


XXX 


INDEX   TO    PUBLIC    SERVICE    COMMISSION    LAW. 


STATIONS,   RAILROAD. 

inspection  of,  commission  may  have  use  ot  loco- 
motive, etc.,  .....  vii 

STATIONS,   RAILWAY. 

inspection  of,  commission  may  have  use  of  loco- 
motive, etc.,  .  .  .  .  vii 

STATISTICIANS. 

commission  may  appoint,  salaries,  . 

terms  of  office,  etc.,        ..... 

STEAMSHIPS. 

jurisdiction  of  commission  over, 

STOCKHOLDERS. 

may  apply  to  supreme  judicial  court  or  superior 
court  for  jurisdiction  in  equity  to  enforce 
provisions  of  certain  sections, 

vote  of.  See  BONDS,  CAPITAL  STOCK,  NOTES, 
INDEBTEDNESS,  EVIDENCES  OF. 

STREET  RAILWAYS. 

jurisdiction  of  commission  over, 
supervised  and  regulated  by  commission, 

SUBORDINATES. 

commission  may  appoint,  salaries,   . 
terms  of  office,  etc., 


SUPERIOR   COURT. 

jurisdiction  in  equity  to  enforce  provisions  of 
certain  sections,  ..... 
commission,     attorney-general,     any     stock- 
holder may  apply  to, 
any  interested  party  may  apply  to,  . 

SUPREME  JUDICIAL    COURT. 

jurisdiction  in  equity  to  enforce  provisions  of 
certain  sections,    ..... 

commission,     attorney-general,     any     stock- 
holder may  apply  to,    .... 

any  interested  party  may  apply  to,  . 
jurisdiction  in  equity   to  review,    annul,  etc., 
rulings  or  orders,  .... 

procedure  prescribed  by  its  rules, 

terms  on  which  the  order  shall  be  stayed, 

petitioner's  attorney  to  file  certificate  as  to 

probable  ground  for  appeal,  etc.,  . 
double  costs  if  petition  not  a  fit  subject  for 
judicial  inquiry,   ..... 

burden  of  proof  on  party  adverse  to  show 
order  invalid,        ..... 

proceedings  to  show   order  invalid  to  have 
preference,  except,         .... 

jurisdiction    to    enforce    valid    orders    of    com- 
mission,       ...... 

proceedings  for  preventing  threatened  viola- 
tions of  law,          .    •     . 
counsel  of  commission  to  act,  subject  to 
attorney-general,  .... 

mandamus  or  injunction  may  issue, 

SWITCH    CONNECTIONS. 

to  secure  through  routes.     See  THROUGH  ROUTE. 


XVI 

xvi 

xvi 


xvi 
xvi 


T. 


TELEGRAPH   LINES. 

commissioner  of  corporations,  jurisdiction  over, 

transferred,  .....  iv 

Massachusetts  highway  commission,  jurisdic- 
tion over,  transferred,  iv 

use  of,  under  existing  contracts.  See  RATES. 
See  COMMON  CARBIERS. 

TELEPHONE   LINES. 

commissioner  of  corporations,  jurisdiction  over, 

transferred,  .....  iv 

Massachusetts  highway  commission,  jurisdic- 
tion over,  transferred,  iv 

use  of,  under  existing  contracts.  See  RATES. 
See  COMMON  CARRIERS. 

TELEPHONE   RENTALS. 

charges  for.     See  RATES. 

THROUGH  ROUTE. 

for  passengers  and  freignt,  may  be  ordered  after 

notice  and  hearing,       ....     xiv 

hearing  to  be  had  upon  complaint,         .          .      xiv 
line,  continuous  or  connecting,  to  be  formed,      xiv 
switch   connection    or   interchange   track   at 

connecting  points,         .          .          .         yiv,  xv 
transfer  of  passengers  and  property,      .          .       xv 
transportation  of  passengers,  etc.,  operation 

of  cars,  etc.,  .....       xv 

power,  to  prescribe  proportionate  portions  of 

rates  payable,       .....       xv 

to  determine  conditions  of  operation,  etc.,      xv 
to  grant  locations  for  switch  connections, 
etc.,    .......       xv 

responsibility    of    operation    upon    operating 

company,  whatever  ownership  of  cars,    .       xv 

private  tracks,  switch  connections,  with,        .       xv 

commission  may  order,  when,   .          .  xv 

may  grant  locations  in  public  ways  for,         xv 

THROUGH  TRANSPORTATION.     See  THROUGH 
RATE. 

TICKETS. 

forms   of,   etc.,    subject   to   approval,     .          .        xi 

TICKETS,  FREE.     See  FREE  TRANSPORTATION. 

TIME. 

of  taking  effect  of  orders  of  commission.     See 
ORDERS. 

TOLLS. 

charges  for.     See  RATES. 

TOWNS. 

may  receive  telephone  and  telegraph  service  at 

reduced  rates,  ypless,  xi 

TRAIN   CREWS. 

insufficient  to  operate  trains,  changes  may  be 

ordered,       ......      xiv 

TRANSIT   RATES.     See  RATES. 


INDEX   TO    PUBLIC    SERVICE    COMMISSION    LAW. 


XXXI 


TRANSPORTATION. 

of  persons  or  property,  under  jurisdiction  of 
commission,          ..... 

TRAVEL. 

within  and  without  the  commonwealth,  expen- 
ditures for,  ..... 

TREASURER. 

of  railroad  corporation,  penalty  for  violation  of 
certain  sections,   ... 

TRUST   COMPANY. 

to  countersign  bonds,  coupon  notes,  .          .     i 

or  other  evidences  of  indebtedness,  when,     .     i 

u. 

UNDULY  PREFERENTIAL  RATES.    See  RATES. 

UNJUST. 

rates.     See  RATES. 

practices  affecting  service.     See  SERVICE. 

UNREASONABLE   SERVICE.     See  SERVICE. 
UNSAFE   SERVICE.     See  SERVICE. 


V. 


VACANCIES. 

in    commission.    See    PUBLIC    SERVICE    COM- 
MISSION. 

VALUATION. 

of  property  of  common  carriers,  investigation, 

etc.,  of,  .         -.          .          .          .      vii 

access  to  books,    documents,    etc.,   of  state 

departments,  etc.,          ....     viii 
revaluation  of  such  property  at  any  time,      .     viii 

VIOLATIONS. 

of  provisions  of  act.     See  PENALTY. 

of  interstate  commerce  law,  proceedings,    .          .       vi 

VOTE. 

of  stockholders.     See  BONDS,  NOTES,  INDEBT- 
EDNESS, EVIDENCES  OF. 


w. 

WITNESSES. 

required  to  give  evidence,  when, 

WORKINGMEN'S  TICKETS.     See  RATES. 


GENERAL  RAILBOAD  AND  RAILWAY  LAW 

OF  1906, 

WITH 

ADDITIONAL  AND  AMENDING  STATUTES. 


CHAPTER  463  OF  THE  ACTS  OF  1906. 

AN    ACT    RELATIVE    TO    RAILROAD    CORPORATIONS  AND 
STREET  RAILWAY  COMPANIES. 

TART  I. 
OF  RAILROAD  CORPORATIONS  AND  STREET  RAILWAY  COMPANIES. 


SECTION 

1-4.  Board  of  railroad  commissioners. 
5-20.  General   powers   and   duties   of 
board. 

21-22.  Grade  crossings. 

23-28.  Alteration  of  grade  crossings. 

29-45.  Abolition  of  grade  crossings. 

46-48.  Railroad  and  street  railway  re- 
lief corporations. 

49-55.  Railroad  and  street  railway  po- 
lice. 

56-57.  Inspection  of  equipment. 


SECTION 

58.  Railroad     and     street     railway 

bridges. 
59-60.  Conditional  sale  of  rolling  stock. 

61.  Attachment  of  rolling  stock. 

62.  Notice  of  accidents. 

63.  Penalty  for  loss  of  life. 

64.  Evasion  of  payment  of  fares. 

65.  Injury  to  signals. 

66.  Throwing  missiles,  etc. 

67.  Lease  or  purchase  of  franchise. 


BOARD   OF   RAILROAD   COMMISSIONERS. 

[By  the  provisions  of  the  Acts  of  1913,  chapter  784,  section  1 
(see  below),  the  Board  is  to  be  hereafter  called  the  Public  Service 
Commission,  and  its  membership  is  enlarged  so  as  to  consist  of 
five  competent  persons.] 

SECTION  1 .    There  shall  be  a  board  of  railroad  commissioners,  Railroad  com- 
consisting  of  three  competent  persons,  one  of  whom  shall  an-  defte™™'. 
nually,  before  the  first  day  of  July,  be  appointed  by  the  gov-  iUg'loi'fi1! 
ernor,  with  the  advice  and  consent  of  the  council,  for  a  term  of  ^  372  §<5 
three  years  from  said  day.    The  board  shall  have  a  clerk,  who  i87e!i85!§3; 
shall  be  appointed  by  the  governor,  who  shall  keep  a  full  and  P.S.I  12, 
faithful   record  of  its  proceedings,  and  who  shall  serve  such  list,  334,  §2. 
notices    as  the  commissioners  may  require.     The  board   may  §§9i4;2.35' 
employ  an  assistant  clerk,  who  shall  perform  such  clerical  and  ^9£-  ffi  §  8 
other  office  work  as  the  board  may  require,  and  who,  in  the  JS22,?,482' » *• 

•  i          T       i  M-  piii  •(•  T  i    153  Mass.  160. 

absence  or  during  the  disability  or  the  clerk,  may,  it  so  directed  Amended,   see 
by  the  board,  perform  his  duties.     The  board  may  employ  an  page  4. 
accountant,  skilled  in  the  methods  of  railroad  accounting,  who  swVwsi'rw, 
shall,  under  its  direction,  supervise  the  method  by  which  the  lossiaTs'.gs. 
accounts  of  corporations  operating  railroads  or  street  railways 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


are  kept.  'The  board  may  from  time  to  time,  if  in  its  opinion 
it  is  necessary,  appoint  competent  railroad  and  railway  inspec- 
tors, not  exceeding  one  for  every  [one  thousand]  seven  hundred 
and  fifty  miles  of  railroad  and  railway  track,  each  for  a  term 
of  three  years,  and  may  for  cause  remove  any  such  inspector 
and  appoint  another  in  his  place.  An  appointment  to  fill  a 
vacancy  shall  be  for  the  residue  of  the  unexpired  term.  The 
board  shall  appoint  one  or  more  competent  experts  to  examine 
the  reports  required  by  section  fifty-eight,  and  may,  whenever  in 
its  opinion  the  public  interests  require,  in  connection  with  any 
proposed  issue  of  stock  or  bonds  by  a  railroad  corporation  or 
street  railway  company,  employ  competent  experts  to  investi- 
gate the  character,  cost  and  value  for  railroad  or  railway  pur- 
poses of  the  property  of  such  corporation  or  company.  The 
commissioners  and  clerks  shall  be  sworn  before  entering  upon 
the  performance  of  their  duties,  and  shall  not  be  in  the  employ 
of  or  own  stock  in  a  railroad  corporation  or  street  railway 
company,  nor  shall  they  personally,  or  through  a  partner  or 
agent,  render  any  professional  service  or  make  or  perform  any 
business  contract  with  or  for  a  railroad  corporation  or  street 
railway  company  chartered  under  the  laws  of  this  common- 
wealth, except  contracts  made  with  them  as  common  carriers, 
nor  shall  they,  directly,  or  indirectly,  receive  a  commission, 
bonus,  discount,  present  or  reward  from  any  such  corporation 
or  company. 

Acts  of  1913,  Chapter  784,  §§  1-5. 

Board  of  SECTION  1.    The    board   of   railroad    commissioners,    existing   under 

missio^nera,111"  authority  of  section  one  of  Part  I  of  chapter  four  hundred  and  sixty- 
to™ubiicanged  three  of  the  acts  of  the  year  nineteen  hundred  and  six,  shall  hereafter 
be  called  the  public  service  commission,  hereinafter  in  this  act  called 
the  commission,  and  its  membership  shall  be  enlarged  so  as  to  consist 
of  five  competent  persons,  hereinafter  collectively  called  commissioners 
and  individually  referred  to  as  commissioner,  with  the  qualifications  and 
disabilities  in  said  act  and  this  act  prescribed.  Upon  the  taking  effect 
of  this  act  the  governor,  with  the  advice  and  consent  of  the  council,  shall 
appoint  two  members  in  addition  to  the  members  of  the  board  at  that 
time  and  shall,  notwithstanding  the  term  for  which  any  member  of  the 
board  may  have  been  heretofore  appointed  and  the  date  of  the  expira- 
tion thereof,  designate  the  terms  of  all  of  said  members  so  that  one  mem- 
ber shall  be  appointed  for  five  years,  one  for  four  years,  one  for  three 
years,  one  for  two  years,  and  one  for  one  year  from  the  first  day  of  July 
next.  Thereafter,  one  member  of  the  commission  shall  annually,  before 
the  first  day  of  July,  be  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  council,  for  a  term  of  five  years  from  said  date.  Whenever 
a  new  appointment  is  made,  or  whenever  any  vacancy  in  the  commission 
is  filled,  the  commissioners  shall  meet  and  choose  one  of  their  number  as 
chairman.  The  chairman  shall  be  paid  an  annual  salary  of  eighty-five 
hundred  dollars,  and  each  of  the  other  commissioners  shall  receive  an 
annual  salary  of  eight  thousand  dollars.  Not  more  than  three  commis- 
sioners shall  be  appointed  from  the  same  political  party. 

SECTION  2.  The  commission  shall,  so  far  as  may  be  necessary  for  the 
purpose  of  carrying  out  the  provisions  of  this  or  any  other  act,  have  gen- 
eral supervision  and  regulation  of,  and  jurisdiction  and  control  over,  the 
following  services,  when  furnished  or  rendered  for  public  use  within  the 


to  pi 
service  com- 
mission, and 
membership 
enlarged. 


Duties  of  the 
commission. 


PART    I.  —  RAILROADS   AND    STREET    RAILWAYS.  O 

commonwealth,  and  all  persons,  firms,  corporations,  associations  and 
joint  stock  associations  or  companies,  hereinafter  in  this  act  collectively 
called  common  carriers  and  severally  called  a  common  carrier,  furnishing 
or  rendering  any  such  service  or  services :  — 

a.  The  transportation  or  carriage  of  persons  or  property,  or  both, 
between  points  within  the  commonwealth  by  railroads,  street  railways, 
hereinafter  called  railways,  electric  railroads,  and  steamships,  including 
express  service  and  car  service  carried  on  upon  or  rendered  in  connection 
with  such  railroads,  railways,  electric  railroads  or  steamships. 

6.  The  operation  of  all  conveniences,  appliances,  facilities  or  equip- 
ment utilized  in  connection  with,  or  appertaining  to,  such  transportation 
or  carriage  of  persons  or  property  or  such  express  service  or  car  service, 
by  whomsoever  owned  or  by  whomsoever  provided,  whether  the  service 
be  common  carriage  or  merely  in  facilitation  of  common  carriage. 

c.  The  transmission  of  intelligence  within  the  commonwealth  by  elec- 
tricity, by  means  of  telephone  lines  or  telegraph  lines  or  any  other  method 
or  system  of  communication,  including  the  operation  of  all  conveniences, 
appliances,  instrumentalities,  or  equipment  utilized  in  connection  there- 
with or  appertaining  thereto. 

SECTION  3.     Sections  twenty-four  and  twenty-seven  of  chapter  one  R.  L.  109, 
hundred  and  nine  of  the  Revised  Laws  are  hereby  amended  by  substitut-  |mended? 27> 
ing  for  the  words  "commissioner  of   corporations",  and  for  any  other 
word  or  words  intended  to  designate  said  commissioner  of  corporations 
in  each  of  said  sections,  whenever  any  jurisdiction  is  conferred  with 
respect  to  corporations  established  for  and  engaged  in  the  business  of 
transmitting    intelligence    by   electricity,    the   words:  —  public    service 
commission.     Chapter  four  hundred  and  thirty-three  of  the  acts  of  the  looe,  433, 
year  nineteen  hundred  and  six  is  hereby  amended  by  substituting  in  place  amended- 
of  the  words  "Massachusetts  highway  commission",  and  any  other  word 
or  words  intended  to  designate  the  Massachusetts  highway  commission 
wherever  used  in  said  act,  the  words:  —  public  service  commission, — 
and  said  act  is  further  amended  by  repealing  section  three  thereof.    Nothing  Not  to  affect 
in  this  act  shall  affect  the  compensation  at  present  paid  to  the  members  of^ss^chu- 
of  the  Massachusetts  highway  commission.  s6"8  highway 

.  .     f        .       . .  -A-  j-  i   commission. 

SECTION  4.    Any    investigation,   examination,   proceeding   or   appeal  Anyinvesti- 
undertaken.  begun  or  instituted  by  or  before  the  Massachusetts  highway  Ptioni  etSv 

.  >ii  •   •  •  i  •       begun  by  Mas- 

commission  m  connection  with  the  supervision  of  companies  engaged  in  sachusetts 
the  transmission  of  intelligence  by  electricity  prior  to  the  taking  effect  commission 
of  this  act,  may  be  conducted  and  continued  to  a  final  termination  by  tpbecon- 

....  "    tinued,  etc., 

the  public  service  commission,  in  the  same  manner,  under  the  same  by  public 
terms  and  conditions,  and  with  the  same  effect  as  though  the  jurisdiction  c^mmtssion. 
of  the  Massachusetts  highway  commission  over  such  matters  had  not 
been  terminated;  but  no  order  or  ruling  heretofore  made  by  said  last 
mentioned  commission  and  then  in  force  shall  be  invalidated  by  the 
taking  effect  of  this  act.    This  act  shall  not  affect  pending  actions  or  pro-  pending 
ceedings,   civil  or  criminal,  brought  by  or  against  the  Massachusetts  Inflected 
highway  commission;  but  the  same  may  be  prosecuted  or  defended  in  etc. 
the  name  of  the  public  service  commission:  provided,  that  the  subject-  Proviso. 
matter  thereof  is  within  the  statutory  jurisdiction  of  said  public  service 
commission.    And  this  act  shall  not  release  or  waive  any  right  or  penalty 
which  may  have  arisen  or  may  have  been  incurred,  nor  shall  any  right  or 
penalty  created  or  enforceable  under  this  act  be  a  bar  to  or  affect  any 
recovery  or  indictment  for  such  right  or  such  penalty. 

SECTION  5.    Upon  the  taking  effect  of  this  act  the  Massachusetts  Massachusetts 
highway  commission  shall  transfer  and  deliver  to  the  commission  all  commission  to 
books,  maps,  papers,  files  and  records  in  its  possession  relating  to  the  Certain*' etc" 
supervision  of  all  companies  engaged  in  the  transmission  of  intelligence  records,  etc., 


PART   I.  —  RAILROADS   AND    STREET   RAILWAYS. 

commission™6  ^Y  electricity,  and  the  commission  is  hereby  authorized  to  take  possession 
Certain  of  all  such  books,  maps,  papers,  files  and  records.    Upon  the  taking  effect 

^transferred     °^  tn^s  act  every  officer  or  employee  subordinate  to  or  under  the  control 
etc-  of  or  connected  with  the   Massachusetts  highway   commission  whose 

sole  duty  or  exclusive  employment  relates  to  or  has  reference  to  the  super- 
vision of  companies  engaged  in  the  transmission  of  intelligence  by  elec- 
tricity shall  become  subordinate  to  or  be  transferred  to  the  control  of  the 
commission  in  the  same  manner  as  if  he  were  appointed  under  section 
nine  of  this  act. 

Acts  of  1911,  Chapter  681. 

An  Act  relative  to  the  Appointment  of  Railroad  and  Railway  Inspectors 
by  the  Board  of  Railroad  Commissioners. 

Part'/Ti  Section  one  of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the 

amended.  '        acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  striking 

out  the  words  "one  thousand",  in  the  nineteenth  and  twentieth  lines,  and 

inserting  in  place  thereof  the  words :  — •  seven  hundred  and  fifty.   [Approved 

July  15, 191 1. 

Acts  of  1911,  Chapter  214. 

An  Act  to  authorize  the  Board  of  Railroad  Commissioners  to  employ  the 
Engineer  of  Grade  Crossings  appointed  by  the  Attorney- General. 

The  board  of  railroad  commissioners  is  hereby  authorized  to  employ 
the  engineer  of  grade  crossings  appointed  under  the  provisions  of  section 
one  of  chapter  three  hundred  and  seventy-two  of  the  acts  of  the  year 
nineteen  hundred  and  eight,  upon  engineering  work,  to  such  extent  as 
the  board  may  deem  expedient:  provided,  however,  that  such  employment 
shall  not  interfere  with  the  duties  required  of  said  engineer  by  said  section. 
The  board  shall  determine  the  cost  of  such  services  upon  the  basis  of  the 
annual  compensation  received  by  the  said  engineer  under  the  provisions 
of  the  said  section,  and  shall  pay  to  him  the  amount  so  determined,  which 
amount  shall  be  deducted  from  such  annual  compensation.  [Approved 
March  28,  1911. 

Acts  of  1907,  Chapter  245. 

An  Act  relative  to  the  Exemption  from  the  Civil  Service  Rules  of  the 
Experts  and  Inspectors  of  the  Railroad  Commissioners. 

1906,463,  SECTION  1.    The  positions  of  experts  and  railroad   and  railway  in- 

R.  L.  19,  §§6,7.  spectors  provided  for  in  section  one  of  chapter  four  hundred  and  sixty- 
fwV*7sJ'  §  9  three  of  the  acts  of  the  year  nineteen  hundred  and  six  shall  be  exempt 
from  classification  by  the  civil  service  commission  unless  the  said  com- 
mission with  the  approval  of  the  governor  and  council  shall  hereafter  so 
classify  the  same  under  the  authority  given  them  by  chapter  nineteen 
of  the  Revised  Laws  and  acts  in  amendment  thereof  and  in  addition 
thereto. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  25,  1907. 

Acts  of  1913,  Chapter  784,  §  9. 

1907,  245,  to          SECTION  9.     ...  The  provisions  of  chapter  two  hundred  and  forty- 
apply,  when.      gve  Q£  ^e  ac^g  oj  ^jie  vear  nmeteen  hundred  and  seven,  relative  to  experts 

and  inspectors  of  the  commission,  shall  apply  to  the  appointment,  em- 
ployment or  continuance  in  office  of  any  officer  or  employee  of  the  com- 
mission whose  salary  or  compensation  is  in  excess  of  twelve  hundred 
dollars  per  annum.  .  .  . 

Salary  of  com-        [SECTION  2.     The  annual  salary  of  the  chairman  of  the  board 
derks,nltc!        shall  be  five  thousand  dollars,  that  of  the  other  commissioners 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS.  O 

four  thousand  dollars  each,  of  the  clerk  twenty-five  hundred  j|||'  ^j|' 5  8- 
dollars,  of  the  assistant  clerk  not  more  than  twelve  hundred  SJ,^ 177     6 
dollars,  and  of  each  railroad  and  railway  inspector  two  thou-  is?*;  372;  §  17. 
sand    dollars,    payable   by   the   commonwealth.     The   commis-  1379!  257',  §  i.' 
sioners  shall  be  provided  with  an  office  in  the  state  house,  or  i885, 119,  m.' 
in  some  other  suitable  place  in  the  city  of  Boston,  in  which  ilg^Ias;!?: 
their  records  shall  be  kept.     In  the  performance  of  their  offi-  H^loe! 
cial  duties,  they  shall  be  transported  over  the  railroads  and  jf^'ni  59 
railways  in  this  commonwealth  free  of  charge,  and  may  em-  1902,402! 
ploy  and  take  with  them  experts  or  other  agents  whose  serv-  Superseded 
ices  they  consider  temporarily  of  importance.     The  board  may  latg'.ejti. 
expend  not  more  than  forty-five  hundred  dollars  annually  in  §f */„'/**' 
procuring  necessary  books,  maps,  statistics  and  stationery  and 
in  defraying  expenses  incidental  and  necessary  to  the  perform- 
ance  of  its   duties,   and  not  more  than  twenty-five  hundred 
dollars  annually  in  defraying  the  compensation  of  an  account- 
ant.    A  statement  of  such  expenditures  shall   accompany  its 
annual  report.] 

Section  2.  The  annual  salary  of  the  chairman  of  the  board  {,90(M^ 
of  railroad  commissioners  shall  be  six  thousand  dollars,  and  that  amended. 
of  the  other  commissioners  five  thousand  dollars  each;  of  the  clerk, 
three  thousand  dollars;  of  the  assistant  clerk,  eighteen  hundred 
dollars;  and  of  each  railroad  and  railway  inspector,  two  thousand 
dollars;  payable  by  the  commonwealth.  The  commissioners  shall 
be  provided  with  an  office  in  the  state  house  or  in  some  other 
suitable  place  in  the  city  of  Boston,  in  which  their  records  shall  be 
kept.  In  the  performance  of  their  duties  they  shall  be  transported 
over  the  railroads  and  railways  of  this  commonwealth  free  of 
charge,  and  may  take  with  them  experts  and  other  agents  whose 
services  they  consider  temporarily  of  importance.  The  board  may 
expend  annually  such  sum  as  the  general  court  may  from  year  to 
year  appropriate  in  procuring  necessary  books,  maps,  statistics 
and  stationery,  and  in  defraying  expenses  incidental  and  neces- 
sary to  the  performance  of  its  duties,  and  not  more  than  twenty- 
five  hundred  dollars  annually  in  defraying  the  compensation  of 
an  accountant.  A  statement  of  such  expenditures  shall  accom- 
pany its  annual  report. 

Acts  of  1913,  Chapter  784,  §  9. 

.  .  .  The  commission  may  appoint  or  employ  such  engineers,  ac- 
countants, statisticians,  bureau  chiefs  and  division  heads,  assistants, 
inspectors,  clerks,  and  other  subordinates  as  it  may  deem  advisable,  on 
such  terms  of  office  or  employment  and  at  such  salaries  as  it  may  deem 
proper.  .  .  . 

[SECTION  3.     The  sums  of  money  annually  appropriated  by  Apportion- 
the  general  court  for  the  salaries  and  expenses  of  the  board  of  salaries,  eta. 
railroad  commissioners,  its  clerks  and  employees,  shall  be  ap-  illl;  40!;  §  9! 
portioned  by  the  tax  commissioner  among  the  several  railroad  j8^;  372> 
corporations  and  street  railway  companies,  and  on  or  before  the  ^j'lf^'ih 
first  day  of  July  in  each  year  he  shall  assess  upon  each  of  said  i|J7. 334,  §  4. 
corporations  and  companies  its  share  of  such  sums  in  proper-  1894,'  535,'  §  s. 


PART    I.  —  RAILROADS   AND   STREET   RAILWAYS. 

it!?'  I™'  §  4  ti°n  to  its  gross  earnings  from  the  transportation  of  persons 
1904' 429'  §1°'  an<^  Pr°Perty  for  the  last  preceding  year  in  which  the  assess- 
see  1912,' 496.  ment  is  made;  and  such  assessments  shall  be  collected  in  the 

Repealed, 

1913, 784,  §  s.    same  manner  as  taxes  upon  corporations.] 
offiSrtS,      [SECTION  4.     Of  the  amount  so  assessed  and  collected  any 
balance  cai-ned'  balance  remaining  on  the  thirtieth  day  of  November  in  any 
1904,429.         year  shall  be  carried  forward  to  the  next  year,  and  shall  be 
1913^784,  §  s.    taken  into  account  in  making  the  appropriation  for  that  year.] 

Acts  of  1913,  Chapter  784,  §  8. 

Salaries  and  SECTION  8.  The  commission  may  expend  for  the  salaries  and  expenses 

1906,  463,  authorized  hereby  and  by  other  provisions  of  law,  such  amount  as  the 
Repeated.3'4'  general  court  shall  annually  appropriate.  Sections  three  and  four  of 

Part  I  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year 

nineteen  hundred  and  six  are  hereby  repealed. 

GENERAL  POWERS  AND   DUTIES   OF  BOARD. 

A^miai^eport.       SECTION  5.     The  board  shall  make  an  annual  report,  which 

§§3,' 11. '         shall  be  transmitted  to  the  secretary  of  the  commonwealth,  on 

1874!  372!     '    or  before  the  first  Wednesday  in  January,  and  be  laid  before 

P!  s!  ii2,15'      the  general  court.     The  report  shall  include  such   statements, 

R!  if'm.^fii.  facts  and  explanations  as  will  disclose  the  actual  working  of 

fji^fj*'          the  system  of  railroad  and  railway  transportation  in  its  bear- 

191°'  fsr' 696;  *n&  uPon  the  business  and  prosperity  of  the  commonwealth, 

such  suggestions  as  to  its  general  railroad  and  railway  policy, 

or  any  part  thereof,  or  the  condition,   affairs  or  conduct   of 

any  railroad  corporation  or  street  railway  company,   as  may 

seem  to  it  appropriate,  such  tables  and  abstracts  of  all  the 

returns  required  to  be  made  by  a  corporation  or  company,  as 

it  considers  expedient,  and  a  report  of  any  proceedings  taken 

under  the  provisions  of  section  nine. 

Revised  Laws,  Chapter  9,  §  7. 
™>\ic  SECTION  7.    There  shall  be  printed  annually,  before  the  assembling 

documents.  . 

1857, 40,  §  2.  of  the  general  court  or  as  soon  thereafter  as  possible,  the  number  of 
1863,  til.2'  copies  of  documents  and  reports  hereinafter  specified,  the  same  to  be 
1876, 178.  numbered  in  a  series  to  be  called  public  documents.  Said  reports  shall 
§§  i.'s.  be  as  brief  as  possible  without  omitting  any  facts  or  information  required 

iiso!  193!  §  i!  by  law  to  be  contained  therein.  [No  maps,  plans,  photogravures,  wood 
p88g'f95'7§  i.  cuts  or  other  pictorial  illustrations  shall  be  introduced  unless  specially 
1885, 369.  "  authorized  by  the  general  court  or  either  branch  thereof  or,  if  the  cost 
ISM!  39s!  I  7'.  does  not  exceed  five  hundred  dollars,  with  the  previous  approval  of  the 
1897*  243'  secretary  of  the  commonwealth,  acting  as  supervisor  of  state  printing, 
1901 !  257!  and  of  the  auditor  of  accounts;  but  said  reports  may  include  abstracts  or 
part™ See™  compilation  of  the  statutes  relative  to  the  subject  matter  of  the  respec- 
ITf'n-8'  ^ve  reP°rts-l  They  shall  be  transmitted  to  the  general  court  through 
loos,  138.  the  office  of  the  secretary  of  the  commonwealth.  No  more  copies  than  is 
371,  '§  s'.  herein  provided  for  shall  be  printed  at  the  expense  of  the  commonwealth 

ian'  438'  or  ke  Paid  for  out  of  any  contingent  fund,  or  out  of  the  earnings  of  any 
department  or  institution  which  are  the  property  of  the  commonwealth; 
and  no  bill  for  printing  any  larger  number  shall  be  approved  by  the 
auditor  or  paid  out  of  any  funds  belonging  to  the  commonwealth. 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS.  < 

Of  the  board  of  railroad  commissioners,  four  thousand  two  hundred  ^-Jg™^ 
and  fifty  copies,  of  which  two  thousand  two  hundred  and  fifty  copies  is??',  248,  §  i. 
shall  be  bound  without  returns.  1880;  193;  1 1; 

P.  S.  4,  §  7.  1889,  440,  §  7.  1894,  393,  §  7.  [Repealed  by  1905,  138.]  1881,  293,  §  1. 

Acts  of  1902,  Chapter  438,  §§  4,  7. 

SECTION  4.     All  boards  or  commissions  before  entering  upon  the  prep-  NO  report  to 
aration  of  any  publication  shall  submit  to  the  state  board  of  publication  ^tSountoe 
careful  statements  of  the  scope,  and  estimates  of  the  size,  of  such  pub-  approval  of 
lication.     The  said  board  shall  have  power  to  determine  the  number  of  boarVo? 
pages  to  which  any  such  report  may  extend,  and  to  determine  whether  Publicatlon- 
it  shall  include  maps,  plans,  photogravures,  woodcuts  or  other  illustra- 
tions; and  no  such  report  shall  be  printed  unless  it  bears  the  certified 
approval  of  the  state  board  of  publication. 

SECTION  7.    Sections  ten  and  eleven  of  chapter  one  hundred  and  Repeal, 
seven  of  the  Revised  Laws,  section  six  of  chapter  nine  of  the  Revised 
Laws,  and  so  much  of  section  seven  of  said  chapter  as  refers  to  maps, 
plans,  photogravures,  woodcuts  or  other  pictorial  illustrations,  are  hereby 
repealed. 

Acts  of  1905,  Chapter  138. 

An  Act  relative  to  the  Number  of  Copies  of  the  Annual  Report  of  the 
Board  of  Railroad  Commissioners. 

SECTION  1.    There  shall  be  printed  annually  forty-five  hundred  copies  Report  of 
of  the  annual  report  of  the  board  of  railroad  commissioners,  of  which  r°addcom-ail~ 
twenty-two  hundred  and  fifty  shall  be  bound  without  returns.  missioners. 

SECTION  2.    So  much  of  section  seven  of  chapter  nine  of  the  Revised  Repeal. 
Laws,  relating  to  the  number  of  copies  of  the  annual  report  of  the  board 
of  railroad  commissioners  as  is  inconsistent  herewith  is  hereby  repealed. 
[Approved  March  7,  1905. 

Acts  of  1913,  Chapter  784,  §  9. 

SECTION  9.     The  commission  may  appoint  a  counsel  to  the  commission,  Counsel, 
and  such  attorneys  as  it  may  deem  advisable,  for  such  terms  of  office  or  I^P011 
employment  and  at  such  salaries  as  it  may  deem  proper,  who  shall  in  the 
conduct  of  litigation  and  court  proceedings  act  under  the  direction  of 
the  attorney-general.  .  .  .  The  commission  may  expend  such  sums  to  Expenses  for 
procure  opinions,  advice,  plans,  surveys,  appraisals,  audits,  examinations,  travel> etc- 
statistics,    information,    apparatus,    instruments,    books,    tables,    maps, 
drawings,  supplies  and  sundries,  and  for  travel  within  or  without  the 
commonwealth  and  expense  incidental  thereto  as  it  may  from  time  to 
time  deem  requisite  in  the  performance  of  its  duties.    The  commission 
may,  from  any  appropriations  authorized  by  the  general  court  for  the 
use  of  the  commission,  expend  such  sums  as  it  deems  necessary  in  the 
performance  of  its  duties  under  the  provisions  of  this  act.  .  .  .  The 
commission  may  assign  to  all  officers  and  employees  by  it  appointed  or 
employed  such  functions  and  such  rank  as  it  shall  from  time  to  time 
deem  advisable;    but  everything  done  by  any  such  officer  or  employee 
shall  be  subject  to  the  control  of,  and  revision  by,  the  commission.    The  Compilation 
commission  may  from  time  to  time  cause  to  be  made  a  compilation  of  £j  statutes3 
the  statutes  of  this  commonwealth  relating  to  common  carriers,  with  relating  to 

,     ,.  common 

annotations.  carriers. 

Acts  of  1905,  Chapter  211,  §  1. 

SECTION  1.     The  fiscal  year  of  all  offices,  departments,  boards,  com-  The  fiscal 
missions,  hospitals,  asylums,  charitable,  penal  and  reformatory  institu-  common-the 


s 


PART   I.  —  RAILROADS   AND    STREET   RAILWAYS. 


wealth  to 
begin  De- 
cember 1,  etc. 


Duties  of 
board. 
1869,  408, 
§§  2,  5. 
1874,  372, 
P.S.  112, 
R.  L.  Ill, 
1906,  267. 
[Op.  A.  G 
638.] 
See  1908, 
1911,  290. 


§  14 


To  increase 
the  powers 
of  the  board 
of  railroad 
commissioners. 


To  order 
reasonable 
regulations 
concerning  the 
just  and 
adequate 
facilities  for 
transportation, 
etc. 


tions  of  the  commonwealth  shall  begin  with  the  first  day  of  December 
and  end  with  the  following  thirtieth  day  of  November,  and  all  books 
and  accounts  therein  shall  be  kept  by  fiscal  years  as  herein  established, 
and  the  annual  reports  of  all  officers,  trustees,  boards  and  commissions, 
except  the  report  of  the  insurance  commissioner  and  except  those  reports 
otherwise  provided  for  in  this  act,  shall  be  made  to  the  governor  and 
council,  or  to  the  general  court,  as  now  required  by  law,  except  that  they 
shall  be  made  on  or  before  the  third  Wednesday  in  January,  anything 
in  any  general  or  special  statute  now  existing  to  the  contrary  notwith- 
standing. .  .  . 

SECTION  6.  The  board  shall  have  the  general  supervision  of 
all  railroads  and  railways,  and  shall  examine  the  same;  and  the 
§7.  commissioners  shall  keep  themselves  informed  as  to  the  condi- 
tion  of  railroads  and  railways  and  the  manner  in  which  they 
are  operated  with  reference  to  the  security  and  accommoda- 
tion  of  the  public,  and  as  to  the  compliance  of  the  several 
railroad  corporations  and  street  railway  companies  with  their 
charters  and  the  laws  of  this  commonwealth.  The  board  may 
from  time  to  time  require  railroad  corporations  and  street  rail- 
way companies  to  install  and  maintain  at  such  places  upon 
the  railroad  or  street  railway  premises  as  it  shall  designate 
such  block  or  other  signals  or  devices  as  it  shall  approve  for 
the  purpose  of  safeguarding  public  travel.  The  supreme  judi- 
cial court  shall  have  jurisdiction  in  equity  to  enforce  compli- 
ance with  any  order  issued  by  the  board  under  authority  of 
this  section. 

Acts  of  1911,  Chapter  J755. 
An  Act  to  increase  the  Powers  of  the  Board  of  Railroad  Commissioners. 

SECTION  1.  Whenever  the  board  of  railroad  commissioners,  herein- 
after called  the  board,  shall  be  of  opinion,  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint,  that  the  rates,  fares  or  charges  or  any  of 
them,  demanded,  exacted,  charged  or  collected  by  any  person,  firm,  asso- 
ciation, company  or  corporation  now  or  hereafter  subject  to  its  juris- 
diction, and  hereinafter  called  a  carrier,  for  the  transportation  of  persons 
or  property  within  the  commonwealth,  or  the  regulations  or  practices  of 
such  carrier  affecting  such  rates,  are  unjust,  unreasonable,  unjustly  dis- 
criminatory or  unduly  preferential  or  in  any  wise  in  violation  of  any  pro- 
vision of  law,  or  that  the  rates,  fares  or  charges  or  any  of  them  charge- 
able by  any  such  carrier  are  insufficient  to  yield  reasonable  compensation 
for  the  service  rendered,  and  are  unjust  and  unreasonable,  the  board, 
with  due  regard  among  other  things  to  a  reasonable  return  upon  the  value 
of  the  carrier's  property,  shall  determine  the  just  and  reasonable  rates, 
fares  and  charges  to  be  charged  for  the  service  to  be  performed,  and  shall 
recommend  the  same  by  order  to  be  served  upon  such  carrier. 

SECTION  2.  Whenever  the  board  shall  be  of  opinion,  after  a  hearing 
had  upon  its  own  motion  or  upon  complaint,  that  the  regulations,  prac- 
tices, equipment,  appliances  or  service  of  any  such  carrier  in  respect  to 
transportation  of  persons  or  property  within  the  commonwealth  are  un- 
just, unreasonable,  unsafe,  improper  or  inadequate,  the  board  shall 
determime  the  just,  reasonable,  safe,  adequate  and  proper  regulations, 
practices,  equipment,  appliances  and  service  thereafter  to  be  in  force,  to 
be  observed  and  to  be  used  in  such  transportation  of  persons  and  property, 
and  shall  recommend  the  same  by  order  to  be  served  upon  such  carrier. 


PART   I.  —  RAILEOADS   AND   STREET   RAILWAYS.  9 

SECTION  3.     Rates  and  facilities  fixed  and  determined  by  statute  shall  ^^^ 
not  be  revised  or  regulated  by  the  board. 

SECTION  4.    The  board  shall  have  all  powers  necessary  or  proper  to  Powers  of  the 
enable  it  to  carry  out  the  provisions  of  this  act.     It  shall  have  authority    c  ir  ' etc' 
to  employ  such  experts  and  other  assistants  as  it  shall  deem  wise  in  exam- 
ining into  the  rates,  facilities  and  financial  condition  of  any  carrier.     It 
may  expend  not  more  than  five  thousand  dollars  annually  for  the  salary 
and  expenses  of  an  accountant,  and  may  expend  such  further  sums  each 
year  as  are  appropriated  by  the  legislature. 

SECTION  5.     The  attorney-general,  either  in  person  or  by  one  of  his  The  attorney- 
assistants,  shall  not  only  advise  the  board  and  act  as  its  counsel  upon  its  Idvtsethe 
request,  but  shall  also  appear  before  the  board  in  any  matter,  either  upon  board, 
his  own  motion  or  at  the  request  of  any  individual,  when  in  the  opinion 
of  the  attorney-general  or  of  the  board  the  interests  of  the  commonwealth 
or  the  public  demand. 

SECTION  6.     Any  investigation,  inquiry  or  hearing  which  the  board  investigation 
has  power  to  undertake  or  to  hold  may  be  undertaken  or  held  by  or  before  Amended^' 
any  commissioner,  and  decisions  of  the  board  and  every  order  made  by  a  19I3>  78*' 5  6~ 
commissioner,  when  approved  and  confirmed  by  the  board  and  ordered 
filed  in  its  office,  shall  be  and  be  deemed  to  be  the  order  of  the  board. 
Every  order  of  the  board  shall  continue  in  force  unless  the  same  shall  be 
limited,  suspended,  modified  or  set  aside  by  the  board  or  shall  be  suspended 
or  set  aside  by  any  court  of  competent  jurisdiction. 

SECTION  7.  Nothing  in  this  act  shall  be  construed  as  limiting  the  The  powers  of 
powers  of  the  board  to  act  under  section  nine  of  Part  I  of  chapter  four  {^^J^"1  not 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six. 

SECTION  8.    This  act  shall  take  effect  upon  its  passage.    [Approved 
July  28,  1911. 

[See  1911,  755,  §  6,  above.] 
Acts  of  1913,  Chapter  784,  §  6. 

SECTION  6.    Three    members  of  the  commission  shall  constitute  a  Quorum, 
quorum.    No  contested  matter  upon  which  a  public  hearing  by  said  amended5'  * ' 
commission  is  required  by  law  shall  be  heard  or  decided  by  less  than  a 
quorum  of  the  commission.    So  much  of  section  six  of  chapter  seven 
hundred  and  fifty-five  of  the  acts  of  the  year  nineteen  hundred  and  eleven 
as  authorizes  a  hearing  upon  a  contested  matter  to  be  held  before  one 
commissioner,  and  an  order  in  any  such  matter  made  by  one  commis- 
sioner to  be  confirmed  by  the  commission  with  the  same  effect  as  an 
order  of  the  commission,  is  hereby  repealed. 

Acts  of  1913,  Chapter  784,  §  23. 

SECTION  23.  Whenever  the  commission  shall  be  of  opinion,  after  a  Hearings  upon 
hearing  had  upon  its  own  motion  or  upon  complaint,  that  the  regulations,  service- etc- 
practices,  equipment,  appliances  or  service  of  any  common  carrier,  now 
or  hereafter  subject  to  its  jurisdiction,  are  unjust,  unreasonable,  unsafe, 
improper  or  inadequate,  the  commission  shall  determine  the  just,  reason- 
able, safe,  adequate  and  proper  regulations  and  practices,  thereafter  to 
be  in  force  and  to  be  observed,  and  the  equipment,  appliances  and  service 
thereafter  to  be  used  and  shall  fix  and  prescribe  the  same  by  order  to  be 
served  upon  every  common  carrier  to  be  bound  thereby.  The  commission 
shall  have  power  after  such  a  hearing  to  order  from  time  to  time  that  a 
railroad  company  shall  operate  its  lines,  of  standard  gauge,  or  such  parts 
thereof  as  the  commission  shall  prescribe,  by  electric  power  instead  of  by 
steam  power,  and  in  its  order  shall  prescribe  the  time  within  which  the 
work  of  electrification  shall  be  done.  Before  making  such  order,  the 


10 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


Hearings  upon 
service,  etc., 
in  respect 
of  certain 
steamship 
and  express 
companies. 

1903,  173. 

1904,  265. 
1906,  266. 

SOI  Mass.  579. 
See  1908,  699, 
•page  16. 


Discrimina- 
tion by 
carriers 
forbidden. 
1869,  252,  §  1. 
P.  S.  73,  §  1. 


Penalty. 
1869,  252,  §  2. 
P.  S.  73,  §  2. 


General  agent 
for  foreign 
expresses. 
1871,  371,  §  1. 
P.  S.  73,  §  3. 
1884,  330. 
196  Mass.  603, 


commission  shall  consider  the  relative  importance  and  necessity  of  the 
changes  in  any  specific  regulations,  practices,  equipment  and  appliances 
proposed  to  be  included  therein  and  of  other  changes  which  may  be 
brought  to  its  attention  in  the  course  of  such  hearing,  the  financial  ability 
of  the  carrier  to  comply  with  the  requirements  of  the  order,  and  the 
effect  of  the  carrier's  compliance  therewith,  upon  its  financial  ability  to 
make  such  other  changes,  if  any,  as  may  be  deemed  by  the  commission 
of  equal  or  greater  importance  and  necessity  in  the  performance  of  the 
service  which  the  carrier  has  professed  to  render  to  the  public.  It  shall 
be  the  duty  of  every  such  common  carrier  to  observe  and  obey  every 
requirement  of  every  such  order  so  served  upon  it,  and  to  do  everything 
necessary  or  proper  in  order  to  secure  absolute  compliance  with  and 
observance  of  every  such  order  by  all  its  officers,  agents  and  employees. 

SECTION  7.  The  board  shall,  in  respect  of  steamship  com- 
panies serving  as  common  carriers  throughout  the  year  between 
two  or  more  ports  of  this  commonwealth,  perform  the  same  du- 
ties, including  the  regulation  of  rates  for  transporting  freight 
or  passengers,  and  including  other  matters  affecting  the  security 
or  convenience  of  the  public,  which  the  said  board  is  now  or 
may  hereafter  be  empowered  to  perform  in  the  case  of  railroads 
or  railways.  The  board  may,  upon  the  complaint  of  any  party 
interested,  exercise  over  express  companies,  firms  and  persons 
doing  an  express  business  upon  railroads  or  railways  in  this 
commonwealth  supervisory  powers  with  regard  to  the  character 
of  accommodations  and  service  furnished,  and  the  reasonable- 
ness of  rates  charged. 

Revised  Laws,  Chapter  70. 
OF   COMMON   CARRIERS  AND   EXPRESS   COMPANIES. 

SECTION  1.  Every  common  carrier  of  merchandise  or  other  property 
shall  receive,  transport  and  forward  all  property  offered  for  such  purposes 
by  other  such  carriers  as  promptly,  faithfully  and  impartially,  at  as  low 
rates  of  charge,  and  in  a  manner  and  on  terms  and  conditions  as  favorable 
to  the  carrier  offering  such  property,  as  he  on  the  same  day  and  at  the 
same  place  receives,  forwards  and  transports,  in  the  ordinary  course  of 
business,  property  of  a  like  description  offered  by  persons  other  than  such 
carriers.  Such  carrier  shall  not  discriminate  against  any  particular  person 
or  corporation  or  subject  him  or  it  to  any  undue  or  unreasonable  prejudice 
or  disadvantage.  The  supreme  judicial  court  or  the  superior  court  shall 
have  jurisdiction  in  equity  to  enforce  the  provisions  of  this  section. 

SECTION  2.  Every  such  carrier  who  wilfully  neglects  or  refuses  to 
comply  with  the  provisions  of  the  preceding  section  shall  forfeit  for 
every  offence  not  less  than  fifty  nor  more  than  five  hundred  dollars,  to 
the  person  offering  the  property  for  transportation. 

SECTION  3.  Every  association  of  persons  who  are  not  inhabitants  of 
this  commonwealth  which  does  an  express  business  herein  shall  in  writing 
appoint  a  person,  who  is  a  citizen  and  a  resident  thereof,  to  be  a  general 
agent,  upon  whom  all  lawful  processes  against  such  persons  may  be 
served  with  like  effect  as  if  served  on  said  persons;  and  said  writing  or 
power  of  attorney  shall  contain  an  agreement  on  the  part  of  the  persons 
making  the  same  that  the  service  of  any  lawful  process  against  it  or  them 
on  said  general  agent  shall  be  of  the  same  legal  force  and  validity  as  such 
service  on  said  persons  or  any  of  them.  The  power  of  attorney  shall  be 


PART  I.  —  RAILROADS  AND   STREET  RAILWAYS.  11 

filed  in  the  office  of  the  secretary  of  the  commonwealth,  and  copies  certi- 
fied by  him  shall  be  taken  as  sufficient  evidence  and  proof  thereof.  Such 
agency  shall  be  continued  so  long  as  such  express  business  is  done  in  this 
commonwealth,  and  the  power  of  attorney  shall  not  be  revoked  until  a 
similar  power  is  given  to  another  person  and  filed  as  aforesaid. 

SECTION  4.    Such  general  agent  shall  give  bond  to  the  treasurer  and  General  agent 

i          LilT  j    u       u-          •      for  foreign 

receiver  general,  with  one  or  more  sureties  to  be  approved  by  him,  in  expresses 
the  sum  of  two  thousand  dollars,  conditioned  that  he  will  accept  service  ^7^371^2. 
of  all  lawful  process  against  his  principal.  ise  Mass,  eos,  627.  P.  s.  73,  §  4. 

SECTION  5.    No  person  shall  act  for  more  than  thirty  days  as  such  Penalty  on 
general  agent  unless  the  provisions  of  the  two  preceding  sections  have  dUflnqSent 
been  complied  with;  and  whoever  so  acts  without  such  compliance  shall  5o?1pa3n73i  53 
forfeit  not  more  than  five  hundred  dollars  for  each  offence.  p.  s/73,  §  5.  ' 

SECTION  6.    If  the  proprietor  of  a  steamboat  or  stage  coach  or  a  Remedy  for 
common  carrier  of  passengers,  except  a  railroad  corporation  or  street  commonCe°f 
railway  company,  by  reason  of  his  or  its  negligence,  or  by  reason  of  the  jl^6™ 
unfitness  or  gross  negligence  or  carelessness  of  his  or  its  servants  or  agents,  G.  s.'ieo,  §  34. 
causes  the  death  of  a  passenger,  he  or  it  shall  be  liable  in  damages  in  the  if^'s,9!; 
sum  of  not  less  than  five  hundred  nor  more  than  five  thousand  dollars  ?3-^;J^  *  ?:8 
which  shall  be  assessed  with  reference  to  the  degree  of  culpability  of  the  144  Mass!  425! 
proprietor  or  common  carrier  liable,  or  of  his  or  its  servants  or  agents,  J||  MMS'.  STL 
and  shall  be  recovered  in  an  action  of  tort,  commenced  within  one  year 
after  the  injury  which  caused  the  death,  by  the  executor  or  administrator 
of  the  deceased,  one-half  to  the  use  of  the  widow  and  one-half  to  the  use 
of  the  children  of  the  deceased ;  or,  if  there  are  no  children,  the  whole  to 
the  use  of  the  widow;  or,  if  there  is  no  widow,  the  whole  to  the  use  of  the 
next  of  kin. 

SECTION  7.    Whoever,  with  intent  to  defraud  or  injure  in  his  business  Protection 
a  person  licensed  by  any  city  or  town  as  a  carrier  of  goods  for  hire,  takes  of  carriers8 
from  the  order  box  of  such  carrier  or  effaces  or  destroys  any  order  to  or  1895>  48L 
direction  for  such  carrier  to  call  for  and  receive  goods  to  be  transported 
by  such  carrier,  or  appropriates  any  such  order  or  direction  or  makes  use 
of  the  information  derived  therefrom  for  the  purpose  of  executing  the 
same,  or  for  the  purpose  of  transporting  any  goods  or  receiving  the  hire 
therefor,  shall  be  punished  by  a  fine  of  not  more  than  twenty-five  dollars. 

SECTION  8.    The  provisions  of  sections  two  hundred  and  thirty-three,  Provisions 
two  hundred  and  forty-one  and  two  hundred  and  sixty-nine  of  chapter  i894,°469!'§  4. 
one  hundred  and  eleven  shall  apply  to  steamboat  lines  within  the  com-  part'n63' 
monwealth  and  to  persons  who  are  engaged  or  who  desire  to  engage  in  §§  189/197. 
the  express  business  thereon.  M^,  igoe, 

463,  Part  77, 
189,  197,  £46. 

SECTION  8.     If,  in  the  judgment  of  the  board,  a  railroad  cor-  Board  to 
poration  or  street  railway  company  has  violated  a  law,  or  neg-  an^on^r" 
lects  in  any  respect  to  comply  with  the  terms  of  the  act  by  UTO;  307',  §  I' 
which  it  was  created  or  with  the  provisions  of  any  law  of  this  p87s4'n72%  it. 
commonwealth,  it  shall  give  notice  thereof  in  writing  to  such 
corporation  or  company;  and  thereafter,  if  such  violation  or 
neglect  continues,  shall  forthwith  present  the  facts  to  the  attor- 
ney-general for  his  action. 

Acts  of  1913,  Chapter  784,  §  26. 

SECTION  26.    Every  order  of  the  commission  shall  be  served  upon  Orders  of  the 
every  person  or  corporation  to  be  affected  thereby,  either  by  personal  how'served! 
delivery  of  a  certified  copy  thereof,  or  by  mailing  a  certified  copy  thereof, 


12 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


in  a  sealed  package  with  postage  prepaid,  to  the  person  to  be  affected 

thereby  or,  in  the  case  of  a  corporation,  to  any  officer  or  agent  thereof 

upon  whom  a  summons  may  be  served  under  the  laws  of  this  common- 

Acknowiedg-     wealth.     It  shall  be  the  duty  of  every  person  and  corporation  to  notify 

ment  of  receipt    .-,  f     ,,      •.-,  ...  ,.  .,  •    ,      /•  ,1  _L-C     i 

of  orders.  the  commission  forthwith,  m  writing,  of  the  receipt  01  the  certified  copy 
of  every  order  so  served,  and  in  the  case  of  a  corporation  such  notification 
shall  be  signed  and  acknowledged  by  a  person  or  officer  duly  authorized 

e\cCeptance>  ky  ^ne  corporation  to  admit  such  service.  Within  a  time  specified  in  the 
order  of  the  commission  every  person  and  corporation  upon  whom  it  is 
served  shall,  if  so  required  in  the  order,  notify  the  commission  in  like 
manner  whether  the  terms  of  the  order  are  accepted  and  will  be  obeyed. 
Every  order  of  the  commission  shall  take  effect  at  a  time  therein  specified 
and  shall  continue  in  force  either  for  a  period  which  may  be  designated 
therein  or  until  changed  or  abrogated  by  the  commission. 

^cessaiy  SECTION  9.     If  the  board  is  of  opinion  that  repairs  are  neces- 

i869,r408?§  3.    saiT  upon  any  railroad  or  railway,  or  that  an  addition  to  its 
p8s4'n722'§  is    ro^mg  stock,  or  an  addition  to  or  change  or  relocation  of  its 
R^L-  in,  §  is.  stations  or  station  houses  or  waiting  rooms,  or  a  change  in  its 
Ammdedby  '    rates  of  fares  for  transporting  freight  or  passengers,  or  in  the 
mode  of  operating  its  railroad  or  railway  and  conducting  its 
business,  is  reasonable  and  expedient  in  order  to  promote  the 
security,  convenience  and  accommodation  of  the  public,  it  shall 
in  writing  inform  the  corporation  or  company  of  the  improve- 
ments and  changes  which  it  recommends  should  be  made. 

Acts  of  1901,  Chapter  330. 

An  Act  relative  to  the  Powers  and  Duties  of  the  Board  of  Railroad  Com- 
missioners. 

dutTesofnd  SECTION  1.    All  general  laws  defining  the  powers  and  duties  of  the 

board  of  rail-  board  of  railroad  commissioners  in  reference  to  the  stations  and  premises 
sioaners>tomis  of  railroad  companies,  and  to  the  operation  of  trains  in  connection  there- 
station  of  with,  shall,  except  as  otherwise  provided  in  chapter  516  of  the  year  eighteen 
Boston  hundred  and  ninety-six,  be  applicable  to  the  station  and  premises  of  the 

Company,  etc.    Boston  Terminal  Company,  and  to  the  operation  of  trains  in  connection 
•  therewith. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 

Acts  of  1903,  Chapter  381. 

An  Act  relative  to  the  Laying  out  and  Construction  of  Northern  Avenue 
and  Sleeper  Street  in  the  City  of  Boston. 

Laying  out  SECTION  1.  .  Said  a  venue  and  street  shall  be  highways :  provided, 

and  construct-     .  ,  .  ..  .  °  .          , ,  .,         , 

ing  of  Northern  however,  that  the  manner  of  constructing  and  operating  the  railroad 
Sleeper  street     track  in  and  across  the  same,  and  the  highway  traffic  and  travel  upon 
in  Boston.         and  other  uses  of  Northern  avenue  shall  be  regulated  and  the  location 
of  tracks  along  said  avenue  and  street  shall  be  determined  by  the  board 
of  railroad  commissioners,  who,  having  due  regard  to  the  intent  and 
purpose  hereof,  shall  in  writing  from  time  to  time  prescribe  the  regula- 
tions, and  may  change  or  modify  the  same. 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS.  13 


Acts  of  1909,  Chapter  343. 

An  Act  to  authorize  the  Board  of  Railroad  Commissioners  to  recommend 
Relocations  of  Stations  of  Railroad  Corporations  and  Street  Railway 
Companies. 

Section  nine  of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the  leoe,  463, 
acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  inserting  Amended  9> 
after  the  word  "change",  in  the  third  line,  the  words:  —  or  relocation,  —  See_i9ii', 
so  as  to  read  as  follows:  —  Section  9,    [For  §  9  as  amended,  see  above.]        rs°' §  7' 

SECTION  10.     Upon  the  application  of  the  board  of  aldermen  Examination 
of  a  city  or  the  selectmen  of  a  town  within  which  a  part  of  any  °[  road!tlon 
railroad  or  railway  is  located,  alleging  grounds  of  complaint,  Jf ^  |°f •  |  \Q 
the  board  shall  examine  the  condition  and  operation  of  such  £•  ?'  112,  §  17. 

•  1  i     •  e  i  ...  .    .  lv.  L.  HI.  8  1«. 

railroad  or  railway;  and  it,  upon  the  petition  in  writing  ot  1004, 357,  §2. 
twenty  or  more  legal  voters  in  such  city  or  town  to  the  board 
of  aldermen  or  selectmen  to  make  such  application,  they  refuse 
so  to  do,  they  shall  indorse  upon  the  petition  the  reason  of  such 
refusal,  and  return  it  to  the  petitioners,  who  may,  within  ten 
days  thereafter,  present  it  to  the  board,  and  it  may  thereupon 
make  such  examination  as  if  called  upon  by  the  board  of  alder- 
men or  the  selectmen,  first  giving  to  the  petitioners  and  to  the 
corporation  or  company  reasonable  notice  in  writing  of  the  time 
and  place  of  making  such  examination.  If,  upon  such  examina- 
tion, it  appears  to  the  board  that  the  complaint  is  well  founded, 
it  shall  so  adjudge,  and  shall  in  writing  inform  the  corporation 
or  company  which  operates  such  railroad  or  railway  of  its  ad- 
judication. 

SECTION  11.     The  board  shall  investigate  the  causes  of  any  investigation 
accident  on  a  railroad  or  railway  which  results  in  loss  of  life;  ism,  408,  |  u. 

and  of  other  accidents  which,  in  its  judgment,  require  investiga-  Jf^1 372 V'n 

tjnn  P.  s!  112',  §  is! 

tlon-  .       .          .         R.  L.  in,  §  17. 

SECTION  12.     An  employee  may  make  complaint  in  writing  Complaints  by 

to  the  board  of  a  defect  in  the  ways,  works,  machinery  or  ap-  i894,°535?'§  e. 
pliances  of  a  railroad  or  railway,  and  the  name  of  the  com-  R89^  m',  f  ?8. 
plainant  shall  not  be  divulged. 

SECTION  13.     Every  railroad  corporation  and  street  railway  information 
company  shall,  upon  request,  furnish  to  the  board  any  informa-  railroads  and 
tion  which  may  be  required  by  it  relative  to  the  condition,  man-  fs^oNos'lTe.8 
agement  and  operation  of  the  railroad  or  railway,  and  copies  of  p87g'  ^f ;  |  }^ 
all  leases,  contracts  and  agreements  for  transportation  with  ex-  R.  L-  m,  §  19. 
press  companies  or  otherwise  to  which  such  corporation  or  com- 
pany is  a  party,  and  also  with  the  rates  for  transporting  freight 
and  passengers  upon  its  railroad  or  railway  and  other  railroads 
or  railways  with  which  its  business  is  connected. 

SECTION  14.     No  request  or  advice  of  the  board  shall  in  any  Effect  of 
manner  impair  the  legal  duties  and  obligations  of  a  railroad  board60 
corporation  or.  street  railway  company  or  its  legal  liability  for  K  I?!;  |  il 
the  consequences  of  its  acts  or  of  the  neglect  or  mismanagement  £•_  f;  \\l't  1 jg; 
of  any  of  its  agents  or  servants. 


14 


PART  I.  —  RAILROADS   AND   STREET  RAILWAYS. 


Annual  exam- 
ination of 
books  and 
accounts. 
1876,  185,  §  2. 
P.  S.  112,  §  21. 
R.  L.  Ill,  §  21 


Other  exam- 
inations of 
books  and 
financial  con- 
dition. 

1876,  185,  §  4. 
P.  S.  112,  §  22. 
R.  L.  Ill,  §  22. 


SECTION  15.  The  board  shall  from  time  to  time  in  each  year 
examine  the  books  and  accounts  of  every  corporation  or  com- 
pany which  operates  a  railroad  or  railway,  and  require  them  to 
be  kept  in  a  uniform  manner  and  upon  the  system  prescribed 
by  the  board.  Statements  of  the  doings  and  financial  condition 
of  the  several  corporations  and  companies  shall  be  prepared 
and  published  at  such  times  as  the  board  shall  consider  expe- 
dient. 

SECTION  16.  Upon  the  application  in  writing  of  a  director, 
or  of  any  person  or  persons  who  own  one  fiftieth  part  of  the 
paid-in  capital  stock  of  a  corporation  or  company  which  oper- 
ates a  railroad  or  railway,  or  who  own  the  bonds  or  other 
evidences  of  indebtedness  of  such  corporation  or  company  equal 
in  amount  to  one  fiftieth  part  of  its  paid-in  capital  stock,  the 
board  shall  examine  the  books  and  the  financial  condition  of 
said  corporation  or  company,  and  shall  cause  the  result  of  such 
examination  to  be  published  in  one  or  more  daily  newspapers 
in  the  citv  of  Boston. 


To  examine 
books,  etc. 
of  common 
carriers. 


Annual  audit. 


Penalty. 


Acts  of  1913,  Chapter  784,  §  11. 

SECTION  11.  The  commission  may,  either  through  its  members  or 
by  employees  duly  authorized  by  it,  examine  all  books,  contracts,  rec- 
ords, documents,  papers  and  memoranda  of  any  common  carrier,  and  by 
subpoena  duces  tecum  compel  the  production  thereof,  or  of  duly  verified 
copies  of  the  same  or  any  of  them,  and  compel  the  attendance  of  such 
witnesses  as  the  commission  may  require  to  give  evidence  at  any  such 
examination.  The  commission  may  provide  for  an  annual  audit  by 
employees  duly  authorized  by  it  of  all  the  accounts  of  any  common 
carrier  or  class  of  common  carriers,  whenever  it  deems  such  action  advis- 
able. Any  employee  or  agent  of  the  commission  who  divulges  any  fact 
or  information  which  may  come  to  his  knowledge  during  the  course  of 
any  such  examination  or  audit,  except  in  so  far  as  he  may  be  directed  by 
the  commission,  or  by  a  court  or  judge,  or  be  authorized  by  law,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars. 


Board  of  rail- 
road commis- 
sioners to 
examine  books, 
etc.,  of  certain 
voluntary 
associations 
and  express 
trusts. 


Board  of  gas 
and  electric 
light  commis- 
sioners to 
examine  books. 


Acts  of  1913,  Chapter  509. 

An  Act  to  extend  the  Authority  of  the  Board  of  Railroad  Commissioners 
and  the  Board  of  Gas  and  Electric  Light  Commissioners. 

SECTION  1.  The  board  of  railroad  commissioners  shall  have  authority 
by  its  members  or  duly  authorized  employees  to  investigate  and  examine 
the  books,  accounts,  contracts,  records  and  memoranda  of  the  trustees  of 
any  voluntary  association  or  express  trust  under  a  written  instrument  or 
declaration  of  trust  the  beneficial  interest  whereof  is  divided  into  trans- 
ferable certificates  of  participation  or  shares,  who  own  or  hold  the  capital 
stock  or  any  part  thereof  of  a  railroad,  street  railway,  electric  railroad  or 
elevated  railway  corporation  which  is  under  the  supervision  of  said  board, 
and  may  require  said  trustees  to  furnish  such  reports  and  information  as 
the  board  shall  from  time  to  time  direct  with  respect  to  the  relations  and 
dealings  between  such  trustees  and  any  such  corporation. 

SECTION  2.  In  like  manner  and  to  the  same  extent,  the  board  of  gas 
and  electric  light  commissioners  shall  have  authority  by  its  members  or 
duly  authorized  employees  to  investigate  and  examine  the  books,  ac- 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS.  15 

counts,  contracts,  records  and  memoranda  of  the  trustees  of  any  such  etc.,  of  certain 
voluntary  association  or  express  trust  who  own  or  hold  the  capital  stock,  Issodations 
or  any  part  thereof,  of  a  gas  or  electric  corporation  which  is  under  the  and  express 
supervision  of  said  board,  and  may  .require  such  trustees  to  furnish  such 
reports  and  information  as  the  board  shall  from  time  to  time  direct  with 
respect  to  the  relations  and  dealings  between  such  trustees  and  any  such 
corporation. 

SECTION  3.  The  board  of  railroad  commissioners  shall  have  authority  Board  of  rail- 
by  its  members  or  its  duly  authorized  employees  to  investigate  and  L?oaners°tomis~ 
examine  the  books,  accounts,  contracts,  records  and  memoranda  of  any  e*amine  books, 

.      .  .   J    etc.,  of  certain 

partnership,   express  trust,  voluntary  association  or  corporation  which  ownerships, 
is  under  the  same  ownership,  control  or  management  as  a  railroad,  street  serv'ice  corpo- 
railway,  electric  railroad  or  elevated  railway  corporation  subject  to  the  rations  under^ 
supervision  of  said  board,  in  respect  of  the  relations  and  of  any  contracts 
and  dealings  between  such  railroad,  street  railway,  electric  railroad,  or 
elevated  railway  corporation  and  such  partnership,  express  trust,  volun- 
tary association  or  corporation,  and  in  relation  thereto  may  require  from 
such   partnership,    express   trust,   voluntary   association  or  corporation  Reports 
such  reports  and  information  as  the  board  shall  from  time  to  time  direct.  re<*uired- 

SECTION  4.     In  like  manner  and  to  the  same  extent,  the  board  of  gas  Board  of  gas 
and  electric  light  commissioners  shall  have  authority  by  its  members  or  figh^commis- 
duly  authorized  employees  to  investigate  and  examine  the  books,  accounts,  sioners  to 
contracts,  records  and  memoranda  of  any  partnership,  express  trust,  vol-  etc.^oTcertain' 
untary  association,  or  corporation  which  is  under  the  same  ownership,  °ubi1cSservice 
control .  or  management  as  a  gas  or  electric  corporation  subject  to  the  corporations 
supervision  of  said  board,  in  respect  of  the  relations  and  of  any  contracts  supervision, 
and  dealings  between  such  gas  or  electric  corporation  and  such  partner- 
ship, express  trust,  voluntary  association  or  corporation,  and  in  relation 
thereto  may  require  such  partnership,  express  trust,  voluntary  associa- 
tion or  corporation  to  furnish  such  reports  and  information  as  the  board  Reports 

,     II    f  ,•  ,.  T  required. 

shall  trom  time  to  time  direct. 

SECTION  5.  A  railroad,  street  railway,  electric  railroad,  elevated  rail-  Penalty, 
way,  gas  or  electric  corporation,  or  a  partnership  or  corporation  or  the 
trustees  of  an  express  trust  or  voluntary  association,  mentioned  or  de- 
scribed in  the  foregoing  sections,  which  refuses  or  neglects  to  submit  its 
or  their  books,  accounts,  contracts,  records  and  memoranda  to  the  inves- 
tigation and  examination  of  the  board  thereto  duly  authorized  as  herein- 
before provided,  or  to  furnish  such  reports  and  information  as  the  board 
thereto  duly  authorized  shall  from  time  to  time  direct  and  require,  shall 
forfeit  not  more  than  five  thousand  dollars  for  every  such  refusal  or  neglect. 

SECTION  6.  The  supreme  judicial  court  shall  have  jurisdiction  in  Supreme  judi- 
equity  to  enforce  compliance  with  the  provisions  of  this  act  and  with  all  h'ave^urisdtc- 
orders  of  the  board  of  railroad  commissioners  or  of  the  board  of  gas  and  tion  in  equity 
electric  light  commissioners  made  under  authority  of  this  act.  provisions. 

SECTION  7.     Nothing  contained  in  this  act  shall  be  construed  as  author-  Construction 
izing,  requiring  or  justifying  the  board  of  railroad  commissioners  or  the  of  act' 
board  of  gas  and  electric  light  commissioners  in  making  any  recommenda- 
tions, rulings  or  orders  with  respect  to  the  rates  charged  or  the  service 
furnished  by  any  corporation  subject  to  the  supervision  of  either  of  said 
boards,  to  take  into  consideration  in  any  respect  whatsoever  any  certifi- 
cates of  participation  or  shares  issued  under  a  declaration  of  trust  and 
representing  the  beneficial  interest  in  the  stock,  bonds,  notes  or  other 
securities  of  such  corporation,  or  the  investment  in  such  certificates  or 
shares. 

SECTION  8.    This  act  shall  take  effect  upon  its  passage.     [Approved 
April  21,  1913. 


16 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


Board  to  have 
access  to  lists 
of  stopk- 
holders. 
1876,  185,  §  5-. 
P.  S.  112,  §  23. 
R.  L.  Ill,  §  23. 
[1  Op.  A.  G. 
278.] 

Penalty  upon 
corporations 
for  refusing  to 
submit  books, 
etc. 

1876,  185,  §  6. 
P.  S.  112,  §24. 
R.  L.  Ill,  §  24. 


SECTION  17.  The  board  shall  at  all  times  have  access  to  the 
list  of  stockholders  of  every  corporation  or  company  which  op- 
erates a  railroad  or  railway,  and  may  at  any  time  cause  the  said 
list  or  a  part  thereof  to  be  copied  for  its  information  or  for  the 
information  of  the  stockholders  of  such  corporation  or  company. 

SECTION  18.  A  railroad  corporation  or  street  railway  com- 
pany which  refuses  to  submit  its  books  to  the  examination  of 
the  board,  or  unreasonably  neglects  to  keep  its  accounts  in  the 
method  prescribed  by  the  board,  shall  forfeit  not  more  than  five 
thousand  dollars  for  every  such  refusal  or  neglect. 


Returns  of 
persons,  etc., 
doing  an  ex- 
press business. 


Acts  of  1908,  Chapter  599. 

An  Act  to  extend  the  Authority  of  the  Board  of  Railroad  Commissioners 
over  Persons  and  Corporations  engaged  in  the  Express  Business  upon 
Railroads  and  Railways. 

SECTION  1.  Every  person,  firm,  a'ssociation  or  corporation  doing  an 
express  business  upon  either  a  railroad  or  railway  in  this  commonwealth 
shall  annually,  on  or  before  the  first  Wednesday  in  November,  transmit 
to  the  board  of  railroad  commissioners  a  return  of  his  or  its  doings  for 
the  year  ending  on  the  thirtieth  day  of  the  preceding  September,  said 
return  to  be  under  oath  of  such  person  or  of  the  financial  officer  or  rep- 
resentative of  such  firm,  association  or  corporation.  The  return  shall  set 
forth  copies  of  all  contracts  made  during  the  year  with  other  persons, 
firms,  associations  or  corporations  doing  a  transportation  or  express 
business  upon  any  railroad  or  railway  in  the  commonwealth,  and  shall 
give  complete  information  in  reply  to  the  questions  presented  in  the 
form  for  such  return  which  shall  be  prescribed  by  the  board. 

SECTION  2.  If  a  return  made  under  the  provisions  of  the  preceding 
section  appears  to  be  defective  or  erroneous,  the  board  shall  require  the 
person,  firm,  association  or  corporation  making  it  to  amend  it  within 
fifteen  days.  A  person,  firm,  association  or  corporation  neglecting  to  make 
a  return  as  herein  required  or  to  amend  it  when  requested  so  to  do  shall 
forfeit  twenty-five  dollars  for  each  day  during  which  such  neglect  continues. 

SECTION  3.  Every  person,  firm,  association  or  corporation  doing  an 
express  business  upon  a  railroad  or  railway  in  this  commonwealth  shall, 
upon  request,  furnish  to  the  board  of  railroad  commissioners  full  informa- 
tion relative  to  the  character  or  conduct  of  such  business,  the  service 
that  is  furnished  and  the  rates  that  are  charged,  the  names  of  the  per- 
sons engaged  in  the  business,  and  the  relations  existing  with  any  other 
person,  firm,  association  or  corporation  conducting  a  transportation  or 
express  business  upon  a  railroad  or  railway. 

SECTION  4.  The  board  upon  its  own  initiative  or  upon  the  request 
of  any  person  after  a  public  hearing  and  investigation,  if  it  is  of  the 
opinion  that  a  change  in  the  rates  charged  or  accommodations  furnished 
by  any  person,  firm,  association  or  corporation  doing  an  express  busi- 
ness upon  a  railroad  or  railway  in  this  commonwealth,  or  in  the  method 
in  which  the  business  is  conducted,  is  reasonable  and  expedient,  in  order 
to  promote  the  convenience  and  accommodation  of  the  public,  shall  in 
writing  inform  such  person,  firm,  association  or  corporation  of  the  change 
which  it  recommends  should  be  made.  [Approved  June  8,  1908. 

Acts  of  1913,  Chapter  784,  §  14. 

Valuation,  etc.  SECTION  14.  The  commission  may  investigate  and  determine  the  fair 
value  for  any  purpose  of  all  the  property  of  any  common  carrier  render- 
ing a  public  service  subject  to  the  supervision  of  the  commission,  which 


Amendment 
of  returns. 


Penalty. 


Information 
to  be  furnished 
board. 


Recommenda- 
tions as  to 
rates,  accom- 
modations, etc. 


PART  I.  — RAILROADS  AND  STREET  RAILWAYS.  17 

is  actually  used  or  useful  for  the  convenience  of  the  public,  whenever  it 
deems  the  ascertainment  of  such  value  necessary  in  order  to  carry  into 
effect  any  provision  of  this  act.  The  commission  may  at  any  time  on 
its  own  initiative  make  a  revaluation  of  such  property.  In  making  any 
valuation  under  this  section,  the  commission  may  have  access  to  and  use 
any  books,  documents  or  records  in  the  possession  of  any  department  or 
board  of  the  commonwealth  or  any  political  subdivision  thereof. 

SECTION  19.     In  all  cases  investigated  and  inquiries  made  by  Commission- 
the  board  and  in  all  proceedings  before  it,  any  member  thereof  fulimfon 
may  summon  witnesses  in  behalf  of  the   commonwealth   and  Tsr??8!^',  §  i. 
may  administer  oaths  and  take  testimony.     The  fees  of  such  Pg0^j;  HI' §  2o- 
witnesses  for  attendance  and  travel  shall  be  the  same  as  for  R.  L.  in,  §25. 
witnesses  before  the  superior  court,  and  shall  be  paid  by  the 
commonwealth  upon  the  certificate  of  the  board  filed  with  the 
auditor. 

Revised  Laws,  Chapter  175,  §  10. 

SECTION  10.    A  justice  of  the  supreme  judicial  court  or  of  the  superior  Enforcement 
court,  upon  the  application  of  a  tribunal  which  is  authorized  to  sum-  by  courts. 
mon  but  not  to  compel  the  attendance  of  witnesses  and  the  giving  of  p87|'  \ ^  j  25 
testimony  before  it,  may,  in  his  discretion,  compel  the  attendance  of  such  Jjgs.  iss.' 
witnesses  and  the  giving  of  testimony  before  any  such  tribunal,  in  the  1901!  z&f>. 
same  manner  and  to  the  same  extent  as  before  said  courts.  Jii  JJa^-  ?9J- 

1 1  <J   *V1USS.    1.4  y. 

180  Mass.  456.  1904,  343,  §  8. 

SECTION  20.     The  board  shall  prescribe  the  form  for  the  an-  Board  to  Pre- 
nual  returns  to  be  made  by  railroad  corporations  and  street  rail-  of'returas™8 
way  companies,  may,  from  time  to  time,  make  changes  and  cf5s!  It?  §  its. 
additions  in  such  form,  and  shall  give  to  the  corporations  and  If™;  io^' §  42' 
companies  one  year's  notice  of  any  changes  or  additions  which  H^-  g-81  §54 
require  an  alteration  in  the  method  or  form  of  keeping  their  ac-  i|7|,'  372;  §  is. 
counts.     It  may  change  the  form  of  returns  of  railroad  corpora-  P.  s.'  112!  §26; 
tions  to  conform  to  the  form  of  returns  required  by  the  inter-  ISSQ,  323,  §  2. 
state  commerce  commission,  if  it  gives  to  such  corporations  one  R.'  L!  112,'  §  94! 
month's  notice  of  such  change;  and  shall  annually,  on  or  before  fjV|jJ**     ' 
the  fifteenth  day  of  June,  furnish  to  railroad  corporations,  and 
annually,  on  or  before  the  fifteenth  day  of  September,  furnish 
to  street  railway  companies,  blank  forms  of  returns.     If  a  re- 
turn is  defective  or  appears  to  be  erroneous,  the  board  shall 
notify  the  corporation  or  company  to  amend  it  within  fifteen 
days.     The  original  of  each  return  or  amended  return,  sub- 
scribed  and   sworn  to  by  the  directors,   treasurer  and  chief 
accounting  officer  of  the  corporation  or  company,  shall  be  pre- 
served in  the  office  of  the  board. 

Acts  of  1913,  Chapter  784,  §  12. 
SECTION  12.    The  commission  may  from  time  to  time  establish  and  Form  of 

.,  ....  111  •         accounts. 

prescribe  a  system  of  forms  of  accounts  to  be  used  by  the  common  carriers 
subject  to  its  supervision,  or  may  classify  the  said  common  carriers  and 
prescribe  a  system  of  forms  of  accounts  for  each  class.  The  accounts  of 
all  such  common  carriers  shall  be  kept  in  accordance  with  the  forms  pre- 
scribed. The  commission  may  also  in  its  discretion  prescribe  the  forms 


18 


PART   I.  —  RAILROADS   AND   STREET  RAILWAYS. 


of  records  and  memoranda  to  be  kept  by  such  common  carriers.  The 
forms  of  accounts  established  by  the  commission  and  the  forms  of  records 
and  memoranda  prescribed  by  it  shall  conform  as  nearly  as  may  be  to 
the  similar  forms  from  time  to  time  established  and  prescribed  by  the 
interstate  commerce  commission. 


Grade  cross- 
ings regulated. 
1S<34,  229,  §  35. 
1871,381,  §  46. 
P.  S.  113,  §  40. 
1895,426,  §  1. 
R.  L.  112,  §  63. 

Supervision  by 
board  of  cross- 
ings. 

1892,  228. 
R.  L.  Ill,  §  27. 


Alteration  of 

crossings. 

1842,  22. 

G.  S.  63, 

§§  53,  54. 

1872,  262, 

§§1,2. 

1874,  305, 

§§  1,3;  372, 

§96. 

P.  S.  112, 

§129. 

1885,  194,  §  2. 

R.  L.  Ill, 

§134. 

1902,  533,  §  1. 

6  Cush.  424. 

116  Mass.  73. 

153  Mass.  218. 

154  Mass.  410. 
164  Mass.  551. 
171  Mass.  135. 

173  Mass.  12. 

174  Mass.  379. 

175  Mass.  430. 

177  Mass.  511. 

178  Mass.  319. 
198  Mass.  587. 
203  Mass.  S07, 
309. 

Amended  by 
1908,54^,  §  1. 
1909,47,  §  /. 
See  1908,  £66, 
§5;  S72,  §  1; 
662;  1913,  646, 
\B. 


1906,  463, 
part  I,  §  23, 
amended. 


GRADE   CROSSINGS. 

SECTION  21.  A  street  railway  shall  not  be  constructed  across 
the  tracks  of  a  railroad  nor  shall  a  railroad  be  constructed  across 
the  tracks  of  a  street  railway  at  the  same  level  therewith  with- 
out the  consent  of  the  board  of  railroad  commissioners. 

SECTION  22.  In  any  case  in  which  the  consent  or  approval  of 
the  board  of  railroad  commissioners  which  may  be  required  by 
law  for  any  crossing  at  grade  is  given,  said  board  may,  after 
notice  to  the  parties  interested  and  a  hearing,  impose  conditions, 
limitations,  restrictions  and  regulations  relative  to  such  crossing, 
its  construction  and  use,  and  may  from  time  to  time  change  and 
modify  them. 

ALTERATION   OF   CROSSINGS. 

SECTION  23.  If  a  public  way  and  a  railroad  cross  each  other, 
and  the  board  of  aldermen  of  the  city  or  the  selectmen  of  the 
town  in  which  the  crossing  is  situated,  or  the  directors  of  the 
railroad  corporation,  or  the  directors  of  a  street  railway  com- 
pany having  tracks  on  the  said  way  are  of  opinion  that  it  is 
necessary  for  the  security  or  convenience  of  the  public  that  an 
alteration  which  does  not  involve  the  abolition  of  a  crossing  at 
grade  should  be  made  in  the  crossing,  the  approaches  thereto, 
the  location  of  the  railroad  or  way,  or  in  a  bridge  at  the  cross- 
ing, they  shall  apply  to  the  county  commissioners,  or,  if  the 
crossing  is  situated,  in  whole  or  in  part,  in  the  city  of  Boston, 
to  the  board  of  railroad  commissioners,  who  shall,  after  public 
notice,  hear  all  parties  interested,  and,  if  they  decide  that  such 
alteration  is  necessary,  shall  prescribe  the  manner  and  limits 
within  which  it  shall  be  made,  and  shall  forthwith  certify  their 
decision  to  the  parties  and  to  said  board.  T his  proceeding  may 
include  any  case  where  there  is  need  of  the  rebuilding  of  a  high- 
way bridge  or  any  structural  change  or  renewal  for  the  purpose 
of  strengthening  or  improving  it.  In  case  any  street  railway 
company  is  authorized  to  lay  and  use  tracks  upon  the  said 
way,  the  said  company  shall  bear  such  part  of  the  expense  of 
building,  rebuilding,  changing,  renewing,  repairing  or  improving 
a  bridge  forming  a  part  of  said  way,  or  of  altering  or  improving 
the  approaches  thereto,  as  shall  be  deemed  to  be  just  by  the 
commission  provided  for  in  sections  twenty-five  and  twenty-six. 

Acts  of  1908,  Chapter  542. 

An  Act  further  to  define  the  Duties  of  County  Commissioners  in  the 
Alteration  of  Crossings. 

SECTION  1.  Section  twenty-three  of  Part  I  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  inserting  after  the  word  "board",  in  the  seventeenth  line, 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


19 


the  words :  —  This  proceeding  may  include  any  case  where  there  is  need 
of  the  rebuilding  of  a  highway  bridge  or  any  structural  change  or  renewal 
for  the  purpose  of  strengthening  or  improving  it,  —  and  by  inserting 
after  the  word  "building",  in  the  twentieth  line,  the  words:  —  rebuilding, 
changing,  renewing,  —  so  as  to  read  as  follows:  —  Section  23.  [For  §  23  Alteration  of 

,    ,  tl  crossings. 

as  amended,  see  above. \ 

SECTION  2.    Section  twenty-five  of  Part  I  of  said  chapter  is  hereby  1906463,  _ 
amended  by  inserting  after  the  word  "such",  in  the  sixth  line,  the  words:  amended.  °' 
—  bridge,  or,  —  and  by  inserting  after  the  word  "such",  in  the  twenty- 
first  line,  the  words :  —  bridge  or  crossing  and,  —  so  as  to  read  as  fol- 
lows: —  Section  25.    {For  §  25  as  amended,  see  below.] 

Acts  of  1909,  Chapter  47. 

An  Act  further  to  define  the  Duties  of   County  Commissioners  in  the 
Alteration  of  Crossings. 

SECTION  1.    Section  twenty-three  of  Part  I  of  chapter  four  hundred  ^j^4*3^ 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  as  Further 
amended  by  section  one  of  chapter  five  hundred  and  forty-two  of  the  amended- 
acts  of  the  year  nineteen  hundred  and  eight,  is  hereby  further  amended 
by  inserting  after  the  word  "situated",  in  the  twelfth  line,  the  words:  — 
in  whole  or  in  part,  —  so  as  to  read  as  follows :  —  Section  23.    [For  §  23 
as  amended,  see  above.] 

SECTION  2.  The  board  of  railroad  commissioners  shall  have  jurisdic- 
tion of  the  petition  heretofore  filed  with  said  board  for  the  alteration  and 
rebuilding  of  the  bridge  at  the  crossing  of  Mystic  avenue  over  tracks  of 
the  Boston  and  Albany  Railroad  Company  and  the  Boston  and  Maine 
Railroad,  therein  described  as  within  the  city  of  Boston,  notwithstanding 
the  fact  that  said  crossing  and  said  bridge  and  its  abutments  and  ap- 
proaches may  be  located  partly  in  the  city  of  Boston  and  partly  in  the 
city  of  Somerville,  as  if  section  one  of  this  act  had  been  in  force  at  the 
date  of  said  petition. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
February  9,  1909. 

SECTION  24.     If  it  is  decided  that  the  location  of  the  railroad  Land  may  be 
or  of  the  way  shall  be  changed,  land  or  other  property  may  be  damage 
taken  therefor  according  to  the  provisions  of  law  authorizing  the  is^Tao'o,  §  2; 
taking  of  land  by  railroad  corporations  or  for  highways  or  town  p72sA?2; 
ways,  as  the  case  may  be;  and  all  damages  caused  by  such  tak-  f818|°-194 
ing  or  otherwise  shall  be  assessed  in  the  manner  provided  in  tff;'^,/ 
case  of  the  taking  of  land  by  railroad  corporations,  or  for  high-  §  iss. 
ways  and  town  ways,  respectively.  134  Malt!  491! 

SECTION  25.     A  special  commission  of  three  disinterested  per-  Award  to  be 
sons,  who  shall  be  appointed  as  provided  in  the  following  sec-  ^ecfafcom- 
tion,  shall  determine  which  party  shall  carry  such  decision  into  5£f|i0262  §  2 
effect  and  which  party  shall  pay  the  charges  and  expenses  of  i|7|',  372,  §  98. 
making  such  alteration  and  the  future  charges  for  keeping  such  P.  s.'m.'i  isi. 
bridge  or  crossing  and  the  approaches  thereto  in  repair,  as  well  i887!29s! 
as  the  costs  of  the  application  to  the  county  commissioners,  or  §'136. 
the  board  of  railroad  commissioners,  and  of  the  hearing  before  JS^M^S!  111', 
said  special  commission;  and  it  may  apportion  all  such  charges,  Jgl  MaS' 491' 
expenses  and  costs  between  the  railroad  corporation,  the  street  *0|  MOM.  ssr. 
railway  company  having  tracks  on  said  way,  and  the  counties,  sor.sos.' 


20 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS. 


Amended  by 
1908,  543,  §  S. 
See  1908,  266, 
§5;  372,  §  1; 
652. 


Special  com- 
mission, ap- 
pointment of. 
1872,  262, 
§§  2-4. 

1874,  372,  §  99. 
1875,231,  §  1. 
1876,  212. 
1878,  175,  §  1. 
P.  S.  112, 
§132. 

1885,  194,  §  5. 
R.  L.  Ill, 
§137. 

1902,  533,  §  3. 
184  Mass.  491. 
203  Mass.  306. 
See  1908,  S66, 
§  S;  S72,  §  1; 
552. 


Revision  by 

jury. 

1875,  231, 

§§2,3. 

1878,  175,  §  2. 

P.  S.  112, 

§133. 

R.  L.  Ill, 

§138. 

148  Mass.  474. 

156  Mass.  217. 

184  Mass.  491. 

See  1908,  266, 

§5;  372,  §  1; 

052. 


Recovery  after 

alteration  of 

proportion  of 

expense. 

1872,  262,  §  5. 

1874,  372, 

§  101. 

P.  S.  112, 

§134. 

R.  L.  Ill, 

§139. 

6  Cush.  424. 

See  1908,  266, 

§  5;  372,  §  1; 

552. 


cities  or  towns  in  which  said  crossing  is  situated  and  other 
cities  and  towns  which  may  be  specially  benefited.  If  a  street 
railway  company  is  authorized  to  lay  and  use  tracks  upon 
any  bridge  in  a  highway  which  is  built  or  repaired  or  altered 
as  above  provided  for,  or  the  approaches  to  which  are  altered 
or  improved  as  above  provided  for,  the  said  commission  shall 
determine  what  part  of  the  charges  and  expenses  of  making 
such  changes  or  improvements,  or  of  keeping  such  bridge  or 
crossing  and  approaches  in  good  condition,  shall  be  paid  by 
the  said  street  railway  company. 

SECTION  26.  Upon  the  application  of  the  county  commis- 
sioners, the  board  of  railroad  commissioners,  the  board  of  alder- 
men, the  selectmen  or  the  directors  of  the  railroad  corporation 
or  of  the  street  railway  company  for  the  appointment  of  such 
commission,  the  superior  court  shall  cause  notice  thereof  to 
be  given  to  the  other  parties  interested  fourteen  days  at  least 
before  the  time  fixed  for  the  hearing;  and  thereupon,  after  a 
hearing,  shall  appoint  such  commission,  one  member  of  which 
shall  be  a  member  of  and  designated  by  the  board  of  railroad 
commissioners.  The  special  commission  shall  meet  as  soon  as 
may  be  after  its  appointment,  and,  after  notice  to  and  a  hearing 
of  the  parties,  shall  make  its  award  in  writing  and  return  the 
same  into  said  court. 

SECTION  27.  A  party  who  is  aggrieved  by  said  award  may, 
within  fourteen  days  after  it  has  been  so  returned,  apply  to 
the  court  for  a  jury  to  revise  and  determine  any  matter  of  fact 
found  therein;  and  thereupon  the  court,  after  notice  to  all  par- 
ties interested,  shall  order  a  trial  by  jury  in  the  same  manner 
as  civil  cases  are  tried  by  jury.  The  decree  of  the  court  upon 
said  award  or  upon  the  verdict  of  a  jury  shall  be  final  and  bind- 
ing, and  said  court  shall  have  jurisdiction  in  equity  to  enforce 
compliance  therewith,  and  also  to  issue  and  enforce  such  inter- 
locutory decrees  and  orders  as  justice  may  require. 

SECTION  28.  The  party  designated  for  that  duty,  having 
carried  into  effect  the  decision  of  the  county  commissioners, 
may,  in  an  action  of  contract,  recover  of  any  other  party  the 
proportion  awarded  to  be  paid  by  such  other  party,  with  inter- 
est; and  if  the  party  so  designated  unreasonably  neglects  or 
refuses  to  carry  the  decision  into  effect,  any  other  party  who  is 
affected  by  such  neglect  or  refusal  may  proceed  to  do  it,  and 
may,  in  an  action  of  contract,  recover  from  each  or  all  of  the 
others  the  proportion  awarded  to  be  paid  by  him  or  them,  re- 
spectively, and  from  the  party  so  neglecting  or  refusing,  all 
charges,  expenses  and  costs  occasioned  thereby. 


Revised  Laws,  Chapter  50,  §  14. 
Chapter  appii-        SECTION  14.    The  provisions  of  this  chapter  shall  apply  to  any  altera- 

cable  to  rail-  .  *        i«_j_  i-j  -,  L  i_-    i_ 

road  crossings,    tion  of  a  highway,  townway,  bridge  or  its  approaches,  which  are  made 
$84,  280.          -n  pursuance  Of  sections  one  hundred  and  thirty-four  to  one  hundred 
and  thirty-nine,  inclusive,  of  chapter  one  hundred  and  eleven.     [Now 
1906,  463,  Part  I,  §§  23-28.] 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS. 


Acts  of  1908,  Chapter  372. 
An  Act  relative  to  Proceedings  for  the  Abolition  of  Grade  Crossings. 

SECTION  1.    The  attorney-general  is  hereby  authorized  to  employ  a  Engineer 
competent  civil  engineer  at  an  expense  not  exceeding  five  thousand  dol-  gra^crossing 
lars  in  any  one  year,  who  shall  under  his  direction  examine  the  plans  ^f^'9^'21t 
submitted  to  commissioners  for  the  abolition  of  grade  crossings,  the 
actual  work  of  construction,  and  the  accounts  of  expenditures  submitted 
to  auditors  therein,  and  shall  perform  such  other  duties  in  connection 
with  proceedings  for  the  abolition  of  grade  crossings  as  may  be  assigned 
to  him. 

SECTION  2.     Reports  of  commissioners  appointed  under  the  provisions  Reports  to  be 
of  section  twenty-nine  of  Part  I  of  chapter  four  hundred  and  sixty-three  fe'|d  wlth 
of  the  acts  of  the  year  nineteen  hundred  and  six,  to  abolish  grade  cross-  ^™nded  1909' 
ings,  and  decrees  of  court  affirming  the  same,  may  be  filed  and  recorded 
in  the  registries  of  deeds  for  the  several  counties  without  the  payment 
of  any  fee  therefor. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.     [Approved 
April  8,  1908. 

Acts  of  1909,  Chapter  429. 
An  Act  relative  to  Proceedings  for  the  Abolition  of  Grade  Crossings. 

SECTION  1.    Section  two  of  chapter  three  hundred  and  seventy-two  1908,372, 
of  the  acts  of  the  year  nineteen  hundred  and  eight  is  hereby  amended  by  amended- 
inserting  after  the  word  "filed",  in  the  fifth  line,  the  words:  —  and 
recorded,  —  so  as  to  read  as  follows:  —  Section  2.    Reports  of  commis-  Rep0rts 
sioners  appointed  under  the  provisions  of  section  twenty-nine  of  Part  I  recorded  with- 
of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen 
hundred  and  six,  to  abolish  grade  crossings,  and  decrees  of  court  affirm- 
ing the  same,  may  be  filed  and  recorded  in  the  registries  of  deeds  for  the 
several  counties  without  the  payment  of  any  fee  therefor. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  21, 1909. 

ABOLITION    OF   GRADE   CROSSINGS. 

SECTION  29.     The  board  of  aldermen  of  a  city  or  the  select-  Commission 
men  of  a  town  in  which  a  public  or  private  way  and  a  railroad  grad^cr^ss- 
cross  each  other  at  grade,  the  directors  of  the  railroad  corpora-  \g!g  194  §  l 
tion,  or  the  directors  of  a  street   railway  company  having  a  Jf^0']128' 
location  in  the  part  of  such  public  way  where  the  crossing  ex-  isoi',  202.    i 
ists,  or,  upon  instructions  from  the  governor  and  council  given  i89?!264! 
after  notice  to  parties  interested  and  a  hearing,  the  attorney-  §  149. 
general,  may  file  a  petition  in  the  superior  court,  stating  that  il-niitss.'  feV, 
the  petitioners  are  of  opinion  that  it  is  necessary  for  the  security  i5f'Mass.  4n. 
and  convenience  of  the  public  that  an  alteration  should  be  so  ^i  Mass' 259' 
made  in  such  crossing,  in  the  approaches  thereto,  in  the  location  i|5  Mas 
of  the  railroad  or  public  or  private  wav,  or  in  the  grades  thereof,  los  Mass.  sse. 

•J  •  J  j.1-  U  •  U        U    u      200  Mass.  230. 

as  to  avoid  a  crossing  at  grade,  or  that  such  crossing  should  be  soe  Mass.  sos. 
discontinued  with  or  without  building  a  new  way  in  substitu-  l°97,eiass' 
tion  therefor.     Said  court  shall  thereupon  have  jurisdiction  in 
equity,  after  notice  by  the  petitioners  to  the  board  of  railroad 
commissioners  of  the  entry  of  such  petition,  and  after  such  no- 
tice by  advertisement  or  otherwise  as  said  court  shall  order  and 


22 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS. 


Costs. 

1902,  298,  §  1. 

213  Mass.  671. 


Same. 

1902,  298,  §  2. 

213  Mass.  671. 


Payment. 
1905,  408,  §  1. 
SIS  Mass.  671. 


Petition  may 
embrace 
several  cross- 
ings, etc. 
1890,  428, 
§§2,8. 
1891,33,  §  1. 
R.  L.  Ill, 
§150. 

ass.  571. 


Commission 
to  prescribe 
the  alterations. 

1890,  428,  §  3. 

1891,  33,  §  2. 
1894,  216. 
1897,  264. 
R.  L.  Ill, 
§151. 

1902,  440,  §  2. 
153  Mass.  576. 
161  Mass.  33. 
169  Mass.  495. 
172  Mass.  5, 
117. 

lass.  5. 


a  hearing,  in  its  discretion,  to  appoint  a  commission  of  three 
disinterested  persons.  Such  commission  appointed  after  the 
passage  of  this  act,  shall,  if  the  parties  so  agree,  consist  of  the 
members  of  the  board  of  railroad  commissioners,  and  they  shall 
serve  without  compensation  other  than  their  official  salaries; 
and  no  consent  shall  be  required  of  them  as  the  board  of  rail- 
road commissioners  to  their  decisions  as  such  commission  under 
the  provisions  of  section  thirty-six.  Upon  all  petitions  hereafter 
filed,  and  upon  all  now  pending  on  which  no  commission  has 
been  appointed,  for  the  abolition,  discontinuance  or  alteration 
of  grade  crossings,  any  street  railway  company  having  a  loca- 
tion in  the  part  of  the  public  way  where  the  crossing  exists, 
shall  be  made  a  party  and  entitled  to  be  heard  as  such. 

SECTION  30.  A  party  bringing  a  petition  under  the  pro- 
visions of  the  preceding  section  shall  be  entitled  to  have  taxed 
as  costs  as  in  other  civil  cases  the  fees  for  service  and  cost  of 
publication  of  such  petition,  the  fees  for  entry  of  the  same  in 
the  superior  court,  together  with  all  costs  of  hearing  before  the 
superior  or  supreme  judicial  court,  or  before  any  auditor  or 
master  appointed  by  said  courts. 

SECTION  31.  A  party  incurring  the  expense  of  making  plans 
required  by  a  commission  appointed  under  section,  twenty-nine, 
or  for  use  in  the  superior  or  supreme  judicial  court  concerning 
any  grade  crossing,  the  abolition,  discontinuance  or  alteration 
of  which  is  petitioned  for,  may  in  the  discretion  of  the  court 
have  the  cost  of  such  plans  allowed. 

SECTION  32.  The  fees  and  expenses  of  the  commission  ap- 
pointed under  the  provisions  of  section  twenty-nine,  after  hav- 
ing been  approved  by  a  justice  of  the  superior  court,  shall  be 
paid,  in  the  first  instance,  by  the  railroad  corporation,  but  the 
fees  and  expenses  so  paid,  including  the  costs  and  expenses 
specified  in  the  two  preceding  sections,  shall  thereafter  be  ap- 
portioned to  and  paid  by  the  respective  parties  as  provided  by 
section  thirty-four. 

SECTION  33.  A  petition  under  the  provisions  of  section 
twenty-nine  may  include  several  crossings,  or  several  railroads 
crossing  at  or  near  the  same  point,  or  by  order  of  the  court  two 
or  more  petitions  may  be  consolidated  and  heard  as  one.  Ser- 
vice of  such  petition  and  of  all  notices  or  processes  thereunder 
may  be  made  upon  the  commonwealth  by  serving  upon  the  at- 
torney-general personally,  or  by  leaving  in  his  office  an  attested 
copy  thereof. 

SECTION  34.  The  commission  appointed  under  the  provisions 
of  section  twenty-nine  shall  meet  at  once,  and  if,  after  notice 
and  a  hearing,  it  decides  that  the  security  and  convenience  of 
the  public  require  the  alterations  to  be  made,  it  shall  prescribe 
the  manner  and  limits  thereof,  and  shall  determine  which  of  the 
parties  shall  do  the  work,  or  shall  apportion  the  work  to  be  done 
between  each  of  the  railroad  corporations  and  the  city  or  town. 
The  railroad  corporations  shall  pay  sixty-five  per  cent  of  the 
total  actual  cost  of  the  alterations  as  aforesaid,  including  therein 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS.  23 

in  addition  to  the  cost  of  construction  the  actual  cost  to  the  zos  Mass.  sw. 
street  railway  company  of  changing  its  railway  and  location  to  f?I  M™1'.  *yn\ 
conform  to  the  decree  of  the  court,  the  cost  of  the  hearing,  the  fl*/,^,^'. 
compensation  of  the  commissioners  and  auditors  and  all  dam- 
ages, except  as  otherwise  provided.  Said  commission  may, 
subject  to  a  right  of  appeal  to  the  superior  court  by  the  street 
railway  company  or  by  the  commonwealth  for  a  revision  by  a 
jury  of  the  amount  of  such  assessment,  if  a  claim  therefor  is 
filed  in  the  clerk's  office  of  said  court  within  thirty  days  after 
the  making  of  such  assessment,  assess  upon  any  street  railway 
company  made  a  party  to  the  proceedings  such  percentage  of 
said  total  cost,  not  exceeding  fifteen  per  cent  thereof,  as  may, 
in  the  judgment  of  said  commission  be  just  and  equitable;  and 
such  assessment,  as  confirmed  by  the  court,  shall  be  in  lieu 
of  any  assessment  or  contribution  required  by  any  special  act 
or  grant  of  location.  The  remainder  of  said  total  cost  shall 
be  apportioned  by  the  commission  between  the  commonwealth 
and  the  city  or  town  in  which  the  crossing  or  crossings  are 
situated,  but  not  more  than  ten  per  cent  of  said  total  cost  shall 
be  apportioned  to  such  city  or  town.  The  commission  shall 
equitably  apportion  the  sixty-five  per  cent  to  be  paid  by  the 
railroad  corporation  between  the  several  railroads  which  may 
be  parties  to  the  proceedings.  If  the  crossing  was  established 
after  the  twenty-first  day  of  June  in  the  year  eighteen  hundred 
and  ninety,  no  part  of  said  cost  shall  be  charged  to  the  com- 
monwealth; and  such  part  thereof  as  becomes  thereby  un- 
apportionable  shall  be  borne  by  the  railroad  corporation,  the 
street  railway  company,  if  any,  and  the  city  or  town,  in  addi- 
tion to  the  other  amounts  payable  by  them,  in  such  proportions 
as  the  commission  shall  determine.  If  the  crossing  is  of  a  rail- 
road and  a  private  way,  and  no  crossing  of  a  public  way  is 
abolished  in  connection  therewith,  the  entire  cost  as  aforesaid 
shall  be  paid  by  the  railroad  corporation.  Whenever  in  any 
case  in  which  a  street  railway  company  has  been  required  to 
contribute  to  the  expense  of  abolishing  a  grade  crossing,  any 
of  its  locations  shall  be  so  changed  or  revoked  by  any  board  of 
aldermen  or  selectmen  without  its  consent  as  to  render  impos- 
sible, or  in  the  opinion  of  the  board  of  railroad  commissioners 
unprofitable,  the  further  exercise  of  the  privilege  of  operating 
its  railway  in  the  part  of  the  public  way  where  such  grade 
crossing  has  been  abolished,  the  amount  contributed  by  such 
company  to  the  expense  of  abolishing  such  grade  crossing  shall 
be  ascertained  by  the  board  of  railroad  commissioners,  and 
certified  to  the  treasurer  of  the  commonwealth,  who  shall  pay 
the  same  to  the  company  from  the  treasury  of  the  common- 
wealth; and  any  amount  so  received  by  the  company  shall  be 
expended  only  for  such  construction  or  equipment  purposes 
as  the  board  of  railroad  commissioners  shall  approve. 


24 


PART  I.  —  RAILROADS  AND   STREET  RAILWAYS. 


Acts  of  1910,  Chapter  498. 

An  Act  relative  to  the  Construction  of  Highways  where  Grade  Crossings 

are  abolished. 

Whenever  a  grade  crossing  is  abolished  upon  a  state  highway,  county 
way,  or  way  which  has  been  petitioned  for  as  a  state  highway,  the  said 
highway  or  way  shall  be  so  constructed  that  there  shall  be  a  clear  view 
in  each  direction  for  at  least  one  hundred  and  fifty  feet  from  the  centre 
of  the  said  highway  or  other  way  where  the  same  passes  over  or  under 
the  railroad  or  railway,  unless  the  proposed  plan  for  the  abolition  of  the 
grade  crossing  is  approved  by  the  Massachusetts  highway  commission. 
[Approved  May  7,  1910. 


Assessment 
upon,  etc., 
street  railway 
company  to  be 
deemed  part 
of  the  value  of 
its  property, 
etc. 

1902,  440,  §  7. 
SIS  Mass.  671. 


Finding  of 

commission. 

Contents. 

Effect. 

1890,  428,  §  4. 

1892,  312. 

1894,  216. 

1897,  264. 

R.  L.  Ill, 

§152. 

1902,  440,  §  3. 

1905,  408,  §  2. 

163  Mass.  356 

169  Mass.  495 

171  Mass.  228 

&00  Mass.  830 

SOS  Mass.  4, 

696. 

206  Mass.  211 

SIS  Mass.  571 

See  1911,  486, 

§3. 


SECTION  35.  The  amount  of  any  assessment  upon  or  con- 
tribution by  a  street  railway  company  toward  the  cost  of 
abolishing  a  grade  crossing  shall  be  deemed  and  taken  in  all 
proceedings  thereafter  as  a  part  of  the  value  of  its  property  for 
street  railway  purposes;  and  such  company  may  issue  stock  or 
bonds  to  such  amount  as  the  board  of  railroad  commissioners 
shall,  subject  to  the  laws  relating  to  the  issue  of  stocks  and 
bonds  by  street  railway  companies,  approve  as  reasonably  nec- 
essary to  provide  for  the  payment  of  such  assessment  or  con- 
tribution. 

SECTION  36.  The  commission  shall  specify  what  part,  if  any, 
of  an  existing  public  or  private  way  shall  be  discontinued,  the 
grade  for  the  railroad  and  the  way,  the  changes  to  be  made  in 
the  location  and  grades  of  the  street  railway  in  such  public  way, 
the  general  method  of  construction  and  what  land  or  other  prop- 
erty it  considers  necessary  to  be  taken,  and  may  provide  for  the 
taking  of  an  easement  in  land  adjoining  the  location  of  a  public 
or  private  way  or  of  a  railroad,  consisting  of  a  right  to  have  the 
land  of  the  location  protected  by  having  the  surface  of  such  ad- 
joining land  slope  from  the  boundary  of  the  location  in  a  man- 
ner specified  by  the  commission,  but  if  such  decision  involves  a 
change  in  the  grade  of  the  railroad  the  consent  of  the  board  of 
railroad  commissioners  to  such  change  shall  first  be  obtained. 
Said  commission  shall  forthwith  return  its  decision  to  the  su- 
perior court,  the  decree  of  which,  confirming  such  decision,  shall 
be  final  and  binding.  If  the  commission  decides  that  the  loca- 
tion of  the  street  railway  shall  be  changed,  the  decree  of  the 
court  confirming  such  decision  shall  establish  the  location  as 
thus  changed.  If  the  commission  decides  that  the  location  of 
the  railroad  or  of  the  public  or  private  way  shall  be  changed, 
the  decree  of  the  court  confirming  such  decision  shall  constitute 
a  taking  of  the  specified  land,  easement  or  other  property;  and 
the  clerk  of  said  court  shall,  within  thirty  days  after  such  de- 
cree, cause  a  copy  of  the  decision  and  decree  to  be  filed  with  the 
county  commissioners  of  the  county  or  counties  in  which  the 
land  or  other  property  taken  or  the  land  subject  to  the  ease- 
ment taken  and  the  crossing  are  situated,  to  be  recorded  in  the 
registry  of  deeds  for  the  counties  and  districts  in  which  such 


PART   I.  —  RAILROADS  AND   STREET   RAILWAYS.  25 

lands,  property  and  crossings  are  situated,  and  to  be  filed  with 
the  auditor  of  the  commonwealth.  Said  taking  shall  be  a  tak- 
ing by  the  city  or  town  if  the  land  or  easement  is  to  be  used 
for  or  in  connection  with  a  public  way,  or  by  the  railroad  cor- 
poration if  the  land  or  easement  is  to  be  used  for  or  in  connec- 
tion with  a  private  way  or  by  the  railroad  corporation.  An 
easement  taken  under  the  provisions  of  this  section  may  be 
abandoned  or  released  by  the  city,  town  or  railroad  corporation 
for  which  the  same  was  taken. 

SECTION  37.     All  damages  which  may  be  sustained  by  any  Damages. 
person  in  his  property  by  the  taking  of  land  for  or  by  the  al-  iloi',  ill; §  5' 
terations  of  the  grade  of  a  public  way,  or  by  an  abutter  thereon  1!$;  f^; 
by  the  discontinuance  of  such  public  way,  to  the  same  extent  HJooifes' 
as  damages  are  recoverable  by  abutters  on  ways  discontinued  ^-^  m, 
by  towns,  or  by  the  taking  of  an  easement  in  land  adjoining  a  1003,478,  §  i. 
public  way,  shall  primarily  be  paid  by  the  city  or  town;  and  162  Mass!  iro. 
all  damages  which  may  be  caused  by  the  taking  of  land  for  lei  Mass!  lie! 
the  railroad  or  by  the  change  or  discontinuance  of  a  private  49l.Mass' 228' 
way,  or  by  the  taking  of  an  easement  in  land  adjoining  a  pri-  j£f  ^^-  *f°- 
vate  way  or  a  railroad  location  in  connection  with  the  abolition  J;^  ^ass.  246. 

j  ,  .  .  .  MI  176  Mass-  101. 

or  a  grade  crossing  shall  primarily  be  paid  by  the  railroad  cor-  179  Mass.  520. 

J        11     J  U-1L  U  *    '       J     U  185  Mass.  160. 

poration;  and   all  damages  which   may   be  sustained   by  any  199  Mass.  294. 
person  by  the  abolition  of  private  ways,  except  as  hereinbefore  Tdl^eoi*.' *' 4' 
provided,   shall  be  entirely  paid  by  the  railroad  corporation.  ®3°735Masa' n' 
Any  amount  paid  by  way  of  damages  by  either  the  city  or  town  |^  jj£^*-  35°7G1- 
or  the  railroad  corporation  primarily  liable  therefor  shall  be  sub-  f^dse^b!i  t . 
ject  to  investigation  by  the  auditor,  unless  such  settlements  are  1911,486, 
assented  to  in  writing  by  all  parties  to  the  proceeding,  as  pro- 
vided in  section  thirty-nine.     If  the  parties  interested  cannot 
agree  upon  said  damages,  any  party  may  have  the  damages 
determined  by  a  jury  in  the  superior  court  for  the  county  in 
which    the    property   and    crossing   are   situated,    on   petition, 
brought  within  one  year  after  the  time  the  property  is  entered 
upon  and  work  actually  begun  thereon,  in  the  same  manner 
as  damages  may  be  determined  which  are  caused  by  the  taking 
of  land  for  the  locating  of  railroads  and  the  laying  out  or  dis- 
continuance of  public  ways,  respectively,  in  such  city  or  town; 
but   all   expense  which   results   from  the  necessary  relocating 
or  changing  of  streams  and  water  courses  forming  the  natural 
drainage    channels    of   the    territory    in    which    alterations    of 
grades  are  authorized  and  of  sewers,  drains  and  pipes  therein 
owned   and  operated  by  municipal  corporations  shall  be  pri- 
marily paid  by  said  city  or  town,  and  it  shall  be  the  duty  of 
the  railroad  company  where  there  has  been  a  taking  for  railroad 
purposes,  and  of  the  city  or  town  or  county  commissioners  where 
there  has  been  a  taking  for  the  location  or  alteration  of  a  public 
way  or  a  taking  of  an  easement  in  land  adjoining  a  public  way, 
before  any  entry  is  made  or  any  work  is  actually  begun  upon  such 
property,  to  give  to  the  owner  thereof  notice  in  writing  specifying 
the  date  upon  which  such  entry  is  to  be  made  and  work  is  to  be 
actually  begun  thereon,  and  for  the  purpose  of  determining  the 


26 


PART   I.  —  RAILROADS   AND   STREET    RAILWAYS. 


time  within  ivhich  a  petition  for  damages  may  be  brought  the 
date  so  specified  shall  be  deemed  to  be  the  time  when  the  property 
is  entered  upon  and  work  is  actually  begun  thereon  and  shall  be 
a  part  of  the  actual  cost  of  the  alterations  specified  in  section 
thirty-four.  A  party  who  recovers  damages  in  such  proceedings 
shall  also  recover  costs  as  in  other  civil  cases,  and  the  court 
may  in  its  discretion  allow,  as  a  part  of  such  costs,  the  reason- 
able expenses  incurred  for  surveys  and  plans. 


1906,  463, 
part  I,  §  37, 
amended. 
Amended,  1911, 
486,  \ll,e. 


Damages. 


purposes. 


Acts  of  1908,  Chapter  390. 

An  Act  relative  to  the  Powers  and  Duties  of  Auditors  in  Proceedings  for 
the  Abolition  of  Grade  Crossings. 

SECTION  1.  Section  thirty-seven  of  Part  I  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  inserting  after  the  word  "corporation",  in  the  seventeenth 
line,  the  words :  —  Any  amount  paid  by  way  of  damages  by  either  the 
.city  or  town  or  the  railroad  corporation  primarily  liable  therefor  shall  be 
subject  to  investigation  by  the  auditor,  unless  such  settlements  are 
assented  to  in  writing  by  all  parties  to  the  proceeding,  as  provided  in 
section  thirty-nine,  —  so  as  to  read  as  follows :  —  Section  37.  [For  §  37 
as  amended,  see  above.} 

Acts  of  1911,  Chapter  486. 

An  Act  relative  to  Certain  Claims  against   the  Commonwealth  in  Con- 
nection with  the  Abolition  of  Grade  Crossings. 

1906, 463,  §  37,  SECTION  1.  Section  thirty-seven  of  Part  I  of  chapter  four  hundred  and 
amended.0"  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  as  amended 
Taking  o'f  by  section  one  of  chapter  three  hundred  and  ninety  of  the  acts  of  the 

land  for  certain      *  .  ,       . r       .     .    .        .     .         ,        ,        ,  i     i  i        •  ,  • 

year  nineteen  hundred  and  eight,  is  hereby  further  amended  by  inserting 
after  the  word  "town",  in  the  thirty-first  line,  the  words:  —  and  it  shall 
be  the  duty  of  the  railroad  company  where  there  has  been  a  taking  for 
railroad  purposes,  and  of  the  city  or  town  or  county  commissioners  where 
there  has  been  a  taking  for  the  location  or  alteration  of  a  public  way  or  a 
taking  of  an  easement  in  land  adjoining  a  public  way,  before  any  entry 
is  made  or  any  work  is  actually  begun  upon  such  property,  to  give 
to  the  owner  thereof  notice  in  writing  specifying  the  date  upon  which 
such  entry  is  to  be  made  and  work  is  to  be  actually  begun  thereon,  and 
for  the  purpose  of  determining  the  time  within  which  a  petition  for 
damages  may  be  brought  the  date  so  specified  shall  be  deemed  to  be 
the  time  when  the  property  is  entered  upon  and  work  is  actually  begun 
thereon. 

SECTION  2.  In  any  case  arising  under  the  provisions  of  section  thirty- 
seven  of  Part  I  of  said  chapter  four  hundred  and  sixty-three,  as  amended 
by  section  one  of  chapter  three  hundred  and  ninety  of  the  acts  of  the  year 
nineteen  hundred  and  eight,  where  any  person  who  sustains  damage  to 
his  property  in  the  manner  therein  specified  fails  to  bring  a  petition  within 
one  year  after  the  time  when  the  property  is  entered  upon  and  work  is 
actually  begun  thereon,  the  attorney-general  may,  in  his  discretion,  join 
with  the  other  parties  interested  in  a  settlement  of  the  claim  of  such  per- 
son; and  the  proportion  of  the  amount  agreed  upon  in  settlement  thereof 
which  would  be  chargeable  to  the  commonwealth  under  the  provisions  of 
section  thirty-four  of  Part  I  of  said  chapter  shall  be  paid  by  the  com- 
monwealth as  if  it  were  a  part  of  the  actual  cost  of  the  work  required  to 
be  done  under  the  provisions  of  said  section  thirty-four. 


Claims  for 
damages,  etc. 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS.  27 

SECTION  3.    No  petition  now  pending  in  the  superior  court  or  which  Certain 
may  be  filed  prior  to  the  first  day  of  January  in  the  year  nineteen  hundred  mayb^ 
and  twelve  for  the  assessment  of  damages  to  property  sustained  by  any  dismissed. 
person  under  the  provisions  of  section  thirty-six  of  Part  I  of  chapter  four 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six, 
or  under  any  other  provision  of  law  authorizing  the  taking  of  land  in 
connection  with  the  abolition  of  grade  crossings,  shall  be  dismissed  in 
said  court  solely  on  the  ground  that  said  petition  was  not  brought  within 
one  year  after  the  time  property  was  entered  upon  or  work  was  actually 
begun  under  the  decree  for  the  abolition  of  such  crossings.     [Approved 
May  27,  1911. 

SECTION  38.     After  the  completion  of  the  work,  the  expense  Maintenance 
of  maintenance  and  repair  shall  be  paid  as  follows:  if  the  pub-  apprCac'hJL*111' 
lie  way  crosses  the  railroad  by  an  overhead  bridge,  the  frame-  ISQI!  338§§26' 
work  and  flooring  of  the  bridge  and  its  abutments  shall  be  main-  f'i^.111' 
tained  and  kept  in  repair  by  the  railroad  corporation,  [and  the  fjsjif^'ffj' 
surface  of  the  bridge  and  its  approaches]  but  the  approaches  of  f™/ld1e/ebu 
the  bridge  and,  if  said  flooring  has  a  wearing  surface,  consisting 
of  an  upper  planking,   paving  or  other  surface    material,  such 
wearing  surface  of  the  bridge  shall  be   maintained  and  kept  in 
repair  by  the  city  or  town  in  which  they  are  situated;  if  the 
public  way  passes  under  the  railroad,  the  bridge  and  its  abut- 
ments shall  be  maintained  and  kept  in  repair  by  the  railroad 
corporation,  and  the  public  way  and  its  approaches  shall  be 
maintained  arid  kept  in  repair  by  the  city  or  town  in  which 
they  are  situated;  if  several  railroads  cross  a  public  way  at  or 
near  a  given  point,  the  commission  shall  apportion  and  award 
in  what  manner  and  proportion  each  of  said  railroad  corpora- 
tions shall  maintain  and  keep  in  repair  the  framework  of  the 
bridge  and  its  abutments  if  the  public  way  crosses  the  railroad 
by  an  overhead  bridge,  and  the  bridge  and  its  abutments  if  the 
public  way  passes  under  said  railroads. 

Acts  of  1912,  Chapter  156. 

An  Act  relative  to  the  Maintenance  and  Repair  in  Certain  Cases  of  Bridges 
over  the  Locations  of  Railroad  Corporations. 

SECTION  1.    Section  thirty-eight  of  Part  I  of  chapter  four  hundred  and  ^f  i463'  *  38> 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended. 
amended  -by  inserting  after  the  word  "framework",  in  the  fourth  line, 
the  words:  —  and  flooring,  —  and  by  striking  out  the  words  "and  the 
surface  of  the  bridge  and  its  approaches",  in  the  sixth  line,  and  inserting 
in  place  thereof  the  words:  —  but  the  approaches  of  the  bridge  and,  if 
said  flooring  has  a  wearing  surface,  consisting  of  an  upper  planking, 
paving  or  other  surface  material,  such  wearing  surface  of  the  bridge,  — 
so  as  to  read  as  follows:  —  •  Section  88.    [For  §  38  as  amended,  see  above.] 


SECTION  39.     The  court  shall  appoint  an  auditor,  who  shall  . 

be  a  disinterested  person,  not  an  inhabitant  of  the  city  or  town  Cation.  §  7 
in  which  the  crossing  is  situated,  whose  compensation  shall  be  isoaUss! 
determined  by  the  court  and  to  whom  shall  from  time  to  time  isgs.'sss! 
be  submitted  all  accounts  of  expense  incurred  by  the  railroad  fi».lU| 


28 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


1902,  440,  §  4. 

161  Mass.  32. 

162  Mass.  564. 
172  Mass.  117. 
197  Mass.  H2. 
SIS  Mass.  671. 
Amended  by 
1908,  390,  §  0. 


1906,  463, 
part  I,  §  39, 
amended. 


corporations,  street  railway  companies,  if  any,  city,  town,  com- 
mission or  auditor,  and  who  shall  audit  the  same  and  make  re- 
port thereon  to  the  court.  The  auditor  shall  upon  request  of 
any  of  the  parties  to  the  proceeding  investigate  the  amounts  pre- 
sented for  allowance  by  any  city  or  town  or  any  railroad  cor- 
poration as  expended  in  the  payment  of  damages  for  land  taken 
or  affected  by  reason  of  the  proposed  alteration,  which  have  been 
paid  by  the  party  primarily  liable  therefor,  as  provided  in  section 
thirty-seven,  unless  it  appears  that  all  of  the  parties  to  the  pro- 
ceeding for  the  abolition  of  the  grade  crossing  have  assented  in 
writing  to  the  payment  or  settlement  so  made  by  the  party  primarily 
liable,  and  in  case  the  auditor  determines  that  the  amount  so  paid 
is  in  excess  of  what  in  his  opinion  should  have  been  properly 
paid  therefor,  he  shall  allow  only  such  portion  of  the  amount  so 
paid  as  he  may  deem  to  be  just  and  reasonable.  Such  auditing, 
when  accepted  by  the  court,  shall  be  final.  A  certified  copy 
of  such  report  and  the  decree  of  the  court  thereon  shall  be  filed 
with  the  auditor  of  the  commonwealth.  The  court  shall,  from 
time  to  time,  issue  its  decrees  for  payments  on  the  part  of  the 
railroad  corporation  and  on  the  part  of  any  street  railway 
company,  not  exceeding  the  amounts  apportioned  to  them  re- 
spectively by  said  auditor  in  his  report,  and  for  the  payment 
by  the  commonwealth  of  a  sum  not  exceeding  the  amounts 
apportioned  to  it  and  to  the  city  or  town;  and  such  city  or 
town  shall  repay  to  the  commonwealth  the  amount  apportioned 
to  it,  with  interest  thereon,  payable  annually  at  the  rate  of 
four  per  cent  from  the  date  of  the  acceptance  of  the  report  of 
the  auditor.  Such  repayment  of  the  principal  shall  be  made 
annually  in  such  amounts  as  the  auditor  of  the  commonwealth 
may  designate;  and  the  amount  of  payment  designated  for  the 
year,  with  the  interest  due  on  the  outstanding  principal,  shall 
be  included  by  the  treasurer  and  receiver  general  in  the  amount 
charged  to  such  city  or  town,  and  shall  be  assessed  upon  it  in 
the  apportionment  and  assessment  of  its  annual  state  tax.  The 
treasurer  and  receiver  general  shall  in  each  year  notify  such  city 
or  town  of  the  amount  of  such  assessment,  which  shall  be  paid 
by  it  into  the  treasury  of  the  commonwealth  as  a  part  of,  and 
at  the  time  required  for,  the  payment  of  its  state  tax.  When 
the  final  assessment  on  a  city  or  town  has  been  paid  by  it, 
the  treasurer  and  receiver  general  shall  repay  to  it,  in  reduction 
of  said  final  payment,  the  amount  of  interest,  if  any,  which 
has  been  assessed  to  and  paid  by  it  in  excess  of  the  actual  in- 
terest cost  to  the  commonwealth  for  money  borrowed  for  the 
abolition  of  grade  crossings  previous  to  the  payment  of  said 
final  assessment. 

Acts  of  1908,  Chapter  390,  §§  2,  3. 

SECTION  2.  Section  thirty-nine  of  Part  I  of  said  chapter  four  hundred 
and  sixty-three  is  hereby  amended  by  inserting  before  the  word  "Such", 
in  the  ninth  line,  the  words:  —  The  auditor  shall  upon  request  of  any 
of  the  parties  to  the  proceeding  investigate  the  amounts  presented  for 
allowance  by  any  city  or  town  or  any  railroad  corporation  as  expended 


PART  I.  —  RAILROADS  AND   STREET   RAILWAYS.  29 

in  the  payment  of  damages  for  land  taken  or  affected  by  reason  of  the 
proposed  alteration,  which  have  been  paid  by  the  party  primarily  liable 
therefor,  as  provided  in  section  thirty-seven,  unless  it  appears  that  all 
of  the  parties  to  the  proceeding  for  the  abolition  of  the  grade  crossing 
have  assented  in  writing  to  the  payment  or  settlement  so  made  by  the 
party  primarily  liable,  and  in  case  the  auditor  determines  that  the 
amount  so  paid  is  in  excess  of  what  in  his  opinion  should  have  been 
properly  paid  therefor,  he  shall  allow  only  such  portion  of  the  amount 
so  paid  as  he  may  deem  to  be  just  and  reasonable,  —  so  as  to  read  as 
follows:  —  Section  89.  [For  §  39  as  amended,  see  above.] 

SECTION  40.     The  superior  court  shall  have  jurisdiction  in  Enforcement 
equity   to  enforce  compliance  with  the  provisions  of  sections  ilgc^W  §  s. 
twenty-nine  to  forty-five,  inclusive,  and  with  the  decrees,  agree-  Jf9^;  Jii' 
ments    and    decisions    made    thereunder;  and    may   issue   and  f^fiass  554 
enforce   such  interlocutory  decrees  and  orders  as  justice  may 
require,  and  any  order,  appointment  or  decree  under  the  pro- 
visions of  said  sections  may  be  made  in  any  county. 

SECTION  41.     If  the  board  of  aldermen  of  a  city  or  the  select-  Proceedings 
men  of  a  town  in  which  a  public  way  and  a  railroad  cross  each  mPenntafteo" 
other  and  the  directors  of  the  railroad  corporation  are  of  opinion  i89o?428,s§  9. 
that  it  is-  necessary  for  the  security  and  convenience  of  the  pub-  fi^.111' 
lie  that  alterations  should  be  made  in  such  crossing,  in  the  ap-  ^Mass.iei. 

Amended  1910, 

preaches  thereto,  in  the  location  or  the  railroad  or  public  way  £44.r 

'    •      j.V  J        J.L.  J?  •  u    -J  1.  •  AI-    j.  213  Mass.  671. 

or  in  the  grades  thereot,  or  m  a  bridge  at  such  crossing,  or  that 
such  crossing  should  be  discontinued  with  or  without  building  a 
new  way  in  substitution  therefor,  and  they  agree  as  to  the  al- 
terations which  should  be  made,  an  instrument  in  writing 
signed,  in  behalf  of  a  city,  by  the  mayor,  authorized  by  the 
board  of  aldermen,  or,  in  behalf  of  a  town,  by  the  chairman  of 
the  selectmen,  authorized  by  the  selectmen,  and  by  the  presi- 
dent of  the  railroad  corporation,  authorized  by  its  directors, 
specifying  the  manner  and  limits  within  which  the  alterations 
shall  be  made,  and  by  which  party  the  work  shall  be  done,  or 
how  it  shall  be  apportioned  between  the  city  or  town  and  the 
railroad  corporation,  the  general  method  of  construction,  the 
grades  for  the  railroad  and  the  public  way  or  ways,  and  also 
what  land  or  other  property  it  is  necessary  to  take,  and  what 
portion,  if  any,  of  an  existing  public  way  is  to  be  discontinued, 
and  how  the  cost  thereof  shall  be  apportioned  between  the 
city  or  town  and  the  railroad  corporation,  shall  be  valid  and 
binding  on  the  city  or  town  and  the  railroad  corporation,  re- 
spectively, and  have  the  same  force  and  effect  as  a  decree  of 
the  court  under  the  provisions  of  section  thirty-six,  if  the 
board  of  railroad  commissioners,  after  notice  to  all  parties  in- 
terested by  advertisement  and  a  public  hearing,  approve  of  the 
alterations  set  forth  in  the  agreement  as  necessary  for  the  con- 
venience and  security  of  the  public.  Said  approval  by  said 
board  shall  constitute  a  taking  of  the  land  and  other  property 
specified  in  the  agreement  as  necessary  to  be  taken,  and  the 
clerk  of  said  board  shall,  within  thirty  days  after  such  approval, 
cause  a  copy  of  the  agreement  and  approval  to  be  filed  writh 


30 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


the  county  commissioners  of  the  county  or  counties  in  which 
the  land  or  other  property  taken  and  the  crossing  are  situated, 
to  be  recorded  in  the  registry  of  deeds  for  the  counties  and 
districts  in  which  such  land,  property  and  crossing  are  sit- 
uated, and  also  to  be  filed  with  the  auditor  of  the  common- 
wealth. Said  copy  of  the  agreement  and  approval  shall  be  re- 
corded in  said  registry  of  deeds  without  the  payment  of  any  fee 
therefor.  The  provisions  of  section  thirty-six  relative  to  the 
taking  of  land  under  a  decree  of  the  court  and  of  section  thirty- 
seven  relative  to  the  recovery  of  damages  sustained  by  any 
person  in  consequence  of  such  taking,  or  of  the  alterations 
made  in  pursuance  of  said  decree,  shall  apply  to  the  taking 
of  land  and  to  damages  sustained  under  an  agreement  made 
pursuant  to  the  provisions  of  this  section.  The  crossing  and 
approaches  shall  be  maintained  and  kept  in  repair  as  provided 
in  section  thirty-eight.  If  the  agreement  provides  for  the 
abolition  of  a  public  grade  crossing,  the  board  of  railroad  com- 
missioners shall  keep  itself  informed  of  the  progress  and  charac- 
ter of  the  work  and  of  the  amounts  reasonably  expended  for 
work  done  or  for  damages,  so  far  as  rendered  necessary  for  the 
abolition  of  the  grade  crossing;  and  for  that  purpose  it  may 
employ  any  necessary  agents,  and,  from  time  to  time  as  it  may 
consider  proper,  shall  issue  certified  statements  of  the  amount 
legally  and  properly  expended  for  such  abolition  of  a  grade 
crossing;  and  the  commonwealth  shall  pay  to  the  parties  en- 
titled thereto  under  the  agreement  twenty  per  cent  of  such 
expenditure. 

Acts  of  1910,  Chapter  544. 

An  Act  relative  to  the  Recording  of  Agreements  and  Approvals  in  Pro- 
ceedings for  the  Abolition  of  Grade  Crossings. 

1a?t  i463' S  41>  SECTION  1.  Section  forty-one  of  Part  I  of  chapter  four  hundred  and 
amended.  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  inserting  after  the  word  "commonwealth",  in  the  forty- 
second  line,  the  words:  —  Said  copy  of  the  agreement  and  approval  shall 
be  recorded  in  said  registry  of  deeds  without  the  payment  of  any  fee 
therefor,  —  so  as  to  read  as  follows:  —  Section  Jfi.  [For  §  l+l  as  amended, 
see  above.] 


Payments  by 
the  common- 
wealth. 
Bonds. 
Sinking  fund. 
1890,428,  §  10. 
1893,  424. 
1896,  439, 
§§1,3. 
R.  L.  Ill, 
§  158. 

1902,  440,  §  5. 
[lOp.  A.  G. 
305.] 
SIS  Mass.  671. 


SECTION  42.  For  the  further  abolition  of  grade  crossings,  in 
accordance  with  the  provisions  of  sections  twenty-nine  to  forty- 
five,  inclusive,  an  expenditure  of  five  million  dollars  by  the  com- 
monwealth is  hereby  authorized.  The  amounts  so  to  be  paid 
by  the  commonwealth  in  any  one  year  shall  not  exceed  five  hun- 
dred thousand  dollars,  but  if  in  any  one  year  the  expenditure 
by  the  commonwealth  shall  not  amount  to  five  hundred  thou- 
sand dollars,  the  unexpended  remainder  thereof  shall  be  added 
to  the  five  hundred  thousand  dollars  allowed  to  be  paid  by  it 
in  any  subsequent  year.  In  computing  the  amount  paid  and 
to  be  paid  by  the  commonwealth,  the  amounts  apportioned  to 
cities  and  towns  and  advanced  by  the  commonwealth  under 
the  provisions  of  section  thirty-nine  shall  not  be  included.  To 


PAET  I.  —  RAILROADS  AND  STREET  RAILWAYS.  31 

meet  the  expenditure  hereby  authorized,  the  treasurer  and  re- 
ceiver general,  with  the  approval  of  the  governor  and  council, 
shall  issue  scrip  or  certificates  of  indebtedness  to  an  amount 
not  exceeding  five  million  dollars  as  an  addition  to  the  Abolition  Abolition  of 
of  Grade  Crossings  Loan,  and  shall  add,  in  the  manner  pro-  fnga  La™83" 
vided  in  section  one  hundred  and   fifty-eight  of  chapter  one  ^Tss^'s^'  111> 
hundred  and  eleven  of  the  Revised  Laws,  to  the  existing  sink-  bdow:\ 
ing  fund  to  provide  for  the  payment  of  the  same.     Such  scrip 
or   certificates   of   indebtedness   shall   be    issued   as   registered 
bonds,  bearing  interest  at  a  rate  not  exceeding  four  per  cent 
per  annum,  payable  semi-annually  on  the  first  days  of  May  and 
November.    The  amount  necessary  to  meet  the  annual  require- 
ment of  said  sinking  fund  and  to  pay  the  interest  on  said  bonds 
shall  be  raised  by  taxation  from  year  to  year. 

Revised  Laws,  Chapter  111,  §  158.     [Unrepealed,  see  Part  II,  §  258.] 

SECTION  158.    The  amount  to  be  paid  under  the  provisions  of  the  Payments  by 
preceding  nine  sections  by  the  commonwealth  in  any  one  year,  the  year  ^^**Bflm" 
beginning  with  the  twenty-first  day  of  June,  shall  not  exceed  five  hun-  Bonds, 
dred  thousand  dollars,  and  the  total  amount  shall  not  exceed  five  million  i89o!n428?n§  io. 
dollars;   but  if  in  any  year  the  expenditure  by  the  commonwealth  shall  j|^- 1||- 
not  amount  to  five  hundred  thousand  dollars,  the  unexpended  balance  §§i.'3. 
thereof  shall  be  added  to  the  five  hundred  thousand  dollars  allowed  to  aos.f'    ' 
be  paid  by  it  in  any  subsequent  year.    In  computing  and  estimating  the 
amount  paid  and  to  be  paid  by  the  commonwealth,  the  amounts  appor- 
tioned to  cities  and  towns  and  advanced  by  the  commonwealth  under 
the  provisions  of  section  one  hundred  and  fifty-five  shall  not  be  included. 
The  treasurer  and  receiver  general  shall  pay  the  amount  of  cost  appor- 
tioned to  the  commonwealth  from  any  money  not  otherwise  appro- 
priated, and  shall  from  time  to  time,  on  request  of  the  governor  and 
council,  issue  and  sell  bonds,  shall  establish  a  sinking  fund  for  the  pay- 
ment thereof  into  which  shall  be  paid  any  premiums  received  on  the  sale 
of  said  bonds  and  shall  apportion  thereto  from  year  to  year,  in  addi- 
tion, amounts  sufficient  with  their  accumulations  to  extinguish  at  ma- 
turity the  debt  incurred  by  the  issue  of  said  bonds.    The  amount  necessary 
to  meet  the  annual  sinking  fund  requirements  and  to  pay  the  interest 
on  said  bonds  shall  be  raised  by  taxation  from  year  to  year.     From  the 
proceeds  of  the  sale  of  such  bonds,  there  shall  be  paid  into  the  treasury 
of  the  commonwealth  such  amounts  as  may  have  been  expended  there- 
from under  the  provisions  of  this  section. 

SECTION  43.    A  final   decree   shall   not   be    entered   by  the  Board  to 
superior  court  upon  any  report  of  commissioners  setting  forth  a  petiUon^shaii 
plan  for  the  abolition,  discontinuance  or  alteration  of  a  grade  ilgo^s™'  n. 
crossing,  adopting  or  confirming  such  plan  or  authorizing  any  ^^  U1- 
expense  to  be  charged  against  the   commonwealth,   until  the  ^2,^440.  j^>. 
board  of  railroad    commissioners,  after  a  hearing,   shall  have  Amended  by 
certified  in  writing  that  in  their  opinion  the  adoption  of  such 
plan  and  the  expenditure  to  be  incurred   thereunder  are  con- 
sistent with  the  public  interests,  and  are  reasonably  requisite 
to  secure  a  fair  distribution  between  the  different  cities,  towns 
and  railroads  of  the  commonwealth,  of  the  public  money  au- 
thorized to  be  expended  under  the  provisions  of  the  preceding 


32 


PAET  I.  —  RAILROADS  AND  STREET  RAILWAYS. 


[For  R.  L.  in,  section,  or  section  one  hundred  and  fifty-eight  of  chapter  one 


above.] 


1906,  463, 
part  I,  §  43. 
amended. 


hundred  and  eleven  of  the  Revised  Laws,  for  the  abolition  of 
grade  crossings,  and  that  such  expenditure  will  not,  in  the 
judgment  of  said  board,  exceed  the  amounts  provided  under 
the  provisions  of  said  sections  to  be  paid  by  the  commonwealth. 
//  the  members  of  the  board  of  railroad  commissioners  are  special 
commissioners  under  the  provisions  of  section  twenty-nine  the  cer- 
tificate herein  provided  for  may  be  issued  by  said  board  without 
a  hearing. 

Acts  of  1909,  Chapter  358. 

An  Act  relative  to  the  Certification  by  the  Board  of  Railroad  Commis- 
sioners of  Expenditures  for  the  Abolition  of  Grade  Crossings. 

Section  forty-three  of  Part  I  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by 
adding  at  the  end  thereof  the  following :  —  If  the  members  of  the  board 
of  railroad  commissioners  are  special  commissioners  under  the  provisions 
of  section  twenty-nine  the  certificate  herein  provided  for  may  be  issued 
by  said  board  without  a  hearing,  —  so  as  to  read  as  follows :  —  Section 
43.  [For  §  43  as  amended,  see  above.] 


Relative  to 
loans  for  the 
abolition  of 
grade  cross- 
ings. 

1902,  507,  §  1. 
SIS  Mass.  671. 
[For  R.  L.  Ill, 
§  158,  see 
above.] 


Certain  pro- 
visions not  to 
apply. 

1890,  428,  §  12. 
SIS  Mass.  571. 
R.  L.  Ill, 
§  160. 


SECTION  44.  The  treasurer  and  receiver  general  is  hereby 
authorized  to  transfer  to  the  loan  authorized  by  section  one 
hundred  and  fifty-eight  of  chapter  one  hundred  and  eleven  of 
the-  Revised  Laws,  from  any  unexpended  balance  of  the  loan 
authorized  by  chapters  four  hundred  and  thirty-three  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-two  and  two 
hundred  and  fifty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-six,  which  provide  a  sum  of  money  for  the  abolition 
of  certain  grade  crossings,  such  amount  of  money  as  may  be 
from  time  to  time  to  the  credit  of  said  loan,  and  which  may  not 
be  needed  for  the  purposes  for  which  the  loan  was  issued;  and 
the  balance  so  transferred  shall  be  in  addition  to  the  five  mil- 
lion dollars  authorized  to  be  expended  under  the  provisions  of 
said  section,  and  shall  be  a  part  of  the  sum  authorized  to  be 
expended  under  section  forty-two,  and  available  for  the  aboli- 
tion of  grade  crossings  under  the  provisions  of  said  section,  and 
of  chapter  one  hundred  and  eleven  of  the  Revised  Laws. 

SECTION  45.  The  provisions  of  sections  twenty-three  to 
twenty-eight,  inclusive,  of  Part  I,  and  of  sections  one  hundred 
and  seventeen,  one  hundred  and  eighteen,  one  hundred  and 
twenty-two,  one  hundred  and  twenty-three  and  one  hundred 
and  twenty-four  of  Part  II.,  so  far  as  they  relate  to  proceedings 
for  the  abolition  of  grade  crossings,  shall  not  apply  to  cases 
within  the  provisions  of  the  preceding  sixteen  sections. 


Revised  Laws,  Chapter  27,  §  7. 

SECTION  7.    Cities  and  towns  may  by  a  majority  vote  incur  debts 
ment  oTgrade    for  temporary  loans  for  the  payment  of  any  land  damages  or  any  pro- 
damages  portion  of  the  general  expense  of  altering  a  crossing  which  they  are  re- 
1892, 178.          quired  primarily  to  pay  under  the  provisions  of  sections  one  hundred  and 
forty-nine  to  one  hundred  and  sixty,  inclusive,  of  chapter  one  hundred 


PART  I.  —  RAILROADS   AND   STREET   RAILWAYS.  33 

and  eleven.  Such  loans  shall  not  be  reckoned  in  determining  the  author- 
ized limit  of  indebtedness,  and  when  any  money  so  paid  is  repaid,  it 
shall  be  immediately  applied  to  the  discharge  of  the  loan. 


RAILROAD    AND    STREET    RAILWAY    RELIEF    CORPORATIONS. 

SECTION  46.  Seven  or  more  persons,  a  majority  of  whom  are  Railroad,  etc.. 
residents  of  this  commonwealth,  being  employees  of  any  railroad  tion8f.corpora" 
corporation  or  street  railway  company,  organized  under  the  laws  j|go;  fit;  | }' 
of  this  commonwealth,  may,  in  accordance  with  the  provisions  JL^JSM/7 

*  ••  •         •       i       •  i*       i  111  oce  ivUJi  OiJft 

of  sections  three  to  six,  inclusive,  or  chapter  one  hundred  and  §^- 
twenty-five  of  the  Revised  Laws,  form  a  corporation  for  the 
purpose  of  receiving,  managing  and  applying  such  property  and 
funds  as  it  may  receive  by  contribution,  assessment  or  otherwise 
for  the  improvement  and  benefit  of  its  members,  and  for  their 
relief  and  the  relief  of  their  families  in  case  of  sickness,  injury, 
inability  to  labor,  or  other  cases  of  need. 

Revised  Laws,  Chapter  125,  §§  3,  4,  6. 

SECTION  3.    The  corporation  shall  be  formed  in  the  manner  pre-  Organization, 
scribed  in,  and  subject  to  the  provisions  of,  sections  fifteen  to  twenty,  Q85|'  f^,'  f  \\ 
inclusive,  of  chapter  one  hundred  and  ten  [now  1903,  437,  §§  6-12],  Sf7.^37*' 
except  as  follows:  p.  s.  115, 

The  capital  stock,  if  any,  shall  not  exceed   five   hundred  thousand  flsl'tv? 
dollars.  woo!  i»i- 

The  agreement  of  association  of  a  corporation  which  has  no  capital 
stock  may  omit  the  statement  of  the  amount  of  the  capital  stock  and 
the  par  value  and  number  of  its  shares.  The  par  value  of  the  shares  of 
its  capital  stock,  if  any,  may  be  ten,  twenty-five,  fifty  or  one  hundred 
dollars.  The  fee  to  be  paid  to  the  secretary  of  the  commonwealth  upon 
the  filing  of  the  certificate  of  organization  shall  be  five  dollars. 

SECTION  4.     Before  making  and  issuing  a  certificate  of  incorporation  investigation 
to  a  corporation  formed  for  any  of  the  purposes  described  in  section  two,  ^Soc?atesed 
the  secretary  of  the  commonwealth  may  forward  a  statement  to  the  i|9o,  439,  §  i. 
mayor  and  aldermen  of  the  city,  except  Boston,  or  to  the  selectmen  of  See  1906,'sgi,' 
the  town,  in  which  such  society  is  to  have  its  principal  office  or  rooms,  1^377. 
and,  if  such  office  or  rooms  are  to  be  in  Boston,  to  the  board  of  police 
for  the  city  of  Boston,  giving  a  list  of  the  names  of  the  persons  who  have 
applied  for  incorporation,  the  purpose  of  the  organization  as  stated  by 
the  applicants,  the  location  proposed  to  be  occupied  and  all  other  facts 
which  may  be  stated  in  the  application  for  incorporation.    The  mayor 
and  aldermen,  selectmen  or  board  of  police  for  the  city  of  Boston,  upon 
the  receipt  of  such  statement,  shall  immediately  make  an  investigation 
and  ascertain  whether  any  of  the  proposed   incorporators  have  been 
engaged  in  the  illegal  selling  of  intoxicating  liquor  or  in  keeping  places 
or  tenements  used  for  the  purpose  of  illegal  gaming,  or  whether  they 
have  been  engaged  in  any  other  business  or  vocation  prohibited  by  law, 
and  shall  forthwith  report  to  the  secretary  of  the  commonwealth  all  the 
facts   ascertained.     If,  in  his  opinion,   it  appears  from  said  report  or 
otherwise  that  the  probable  purpose  of  the  formation  of  the  proposed 
organization  is  to  cover  an  illegal  business,  he  shall  refuse  to  issue  a 
certificate  of  incorporation. 

SECTION  6.    The  corporation  may  prescribe  by  its  by-laws  the  manner  By-laws. 
in  which,  and  the  officers  and  agents  by  whom,  the  purposes  of  its  incor-  187^75,  §  6. 


34 


PART    I.  —  RAILROADS   AND   STREET   RAILWAYS. 


1875,  49,  §  i.     poration  may  be  accomplished,  and,  instead  of  the  directors  and  other 
§§  5,  e.  '          officers  to  be  chosen  at  the  first  meeting,  it  may  have  a  board  of  other 


192  Mass.  150.  officers  wjth  the  powers  of  directors,  and  presiding,  financial  and  record- 
ing officers  with  the  powers  of  president,  treasurer  and  clerk;  and  its 
certificate  of  organization  may  be  made,  signed  and  sworn  to  by  its 
presiding,  financial  and  recording  officers  and  a  majority  of  its  other 
officers  having  the  powers  of  directors;  and  the  certificate  issued  by  the 
secretary  under  the  provisions  of  section  twenty  of  chapter  one  hun- 
dred and  ten  shall  be  modified  to  correspond  with  the  facts  in  each  case. 

ByloWaiof  SECTION  47.     The  by-laws  of  such  corporation   shall  be  ap- 

1882"  244,  '      proved  by  the  board  of  railroad  commissioners,  and  shall  pre- 

R.  L.  125,  §  is.  scribe  the  manner  in  which,   and  the    officers  and  agents  by 

ffs5^909*'    whom,  the  purpose  of  its  incorporation  may  be  carried  out,  and 

also  the  manner  in  which  its  property  may  be  invested.     Such 

corporation  shall  annually,  and  as  often  as  may  be   required 

by  the  board  of  railroad   commissioners,  render  to  said  board 

such  statements  of  its  membership  and  financial   transactions 

and  such  other  information  relative  thereto  as  said  board  may 

consider  necessary  for  a  proper  exhibit  of  its  business  and  stand- 

ing.    Said  board  may  verify  such  statement  by  an  examination 

of  the  books  and  papers  of  the  corporation;  and  whoever,  hav- 

ing charge  or  custody  of  such   books  and  papers,  neglects  to 

comply  with  the  provisions  of  this  section    shall  be  punished 

by  a  fine  of  not  more  than  five  hundred  dollars. 

Railroad,  etc.,        SECTION  48.     A  railroad   corporation  which  operates  a  rail- 
as^ciate^ith    road  or  portion  thereof  in  this  commonwealth,  or  a  street  rail- 
i8«!,0i25S*        way  company,  may,  by  vote  of  its  directors,   associate   itself 
R89L.  125,  1  19.  with  seven  or  more  of  its  employees  in  forming  a  corporation 
'614'    under  the  provisions  of  section  forty-six,  or  may,  upon  the  in- 
vitation of  any  such  society,  become  a  member   thereof,  and 
may  aid  such  corporation  by  contributions  to  its  funds  or  other- 
wise.    The  by-laws  of  such  corporation  shall   provide  for  the 
manner  in   which  the  railroad   corporation   or   street    railway 
company  shall  vote  and  be  represented  in  said    corporation. 
The  funds  of  such  corporation  shall  not  be  liable  to  attachment 
by  the  trustee  process,  or  be  liable  to  be  taken  on  execution  or 
on  any  other  process,  legal  or  equitable,  to  satisfy  any  debt  or 
liability  of  the  railroad  corporation  or  street  railway  company 
or  of  any  member  of  the  corporation. 

RAILROAD   AND   STREET   RAILWAY   POLICE. 

i87piol33i  SECTION  49.    The  mayor  of  a  city,  or  the   selectmen  of  a 

§§  i.'s.  town,   upon  the  petition  of  a  railroad  corporation    having   a 

§  143.  '  passenger  station  in  such  city  or  town,  or  of  a  street  railway 
p88s!  los.Vis.  company  operating  a  street  railway  therein,  may  appoint  as 
1895,  sis,  many  of  the  persons  designated  in  said  petition  as  police  officers 
fi  li',^08'  as  tn^v  mav  deem  proper  for  the  purposes  and  with  the  powers 

hereinafter  set  forth. 

Copy  of  SECTION  50.     An  attested  copy  of  the  record  of  all  such  ap- 

to  belfited.n       pointments  shall  be  filed  by  the  petitioner  with   the  clerk  of 


PART   I.  —  RAILROADS  AND  STREET  RAILWAYS.  35 

every  city  or  town,  other  than  the  city  or  town  of  appoint-  i87i,  331,  §  2. 
ment,  in  which  the  railroad  corporation  or  street  railway  com-  §  us. 
pany  operates  its  cars,  and  in  which  it  is  intended  that  such  isso',  ss!  §  2. 
police  officers  shall  act;  and  the  filing  of  such  attested  copy  fgol',  225,'  f  i4' 
shall  constitute  the  persons  named  therein  railroad  or  street  Ri  L- 108*  * 14- 
railway  police,  respectively,  within  such  city  or  town,  and  shall 
be  conclusive  evidence  of  the  regularity  of  their  appointment. 
SECTION  51.     Such  police  officers  shall  be  sworn  before  a  ius-  Term  of  office. 

1R71     ^^1 

tice  of  the  peace,  and  shall  hold  their  offices  until  their  appoint-  §§  i.'g. 
ment  is  revoked  by  the  mayor  of  the  city  or  the  selectmen  of  §8i743.372' 
the  town  in  which  they  are  appointed;  but  such  petitioner,  upon  p88s.' io3.§§2i5. 
ceasing  to  require  the  services  of  any  of  such  officers,  shall  file  j^jj5;  6^8  §  15 
a  notice  to  that  effect  with  the  clerk  of  the  city  or  town  in 
which  he  is  appointed,  and  with  the  clerks  of  the  several  cities 
and  towns  in  which  notice  of  such  appointment  has  been  filed, 
and  thereupon  the  power  of  such  officer  shall  cease. 

SECTION  52.     Such  officers  shall,  when  on  duty  except  as  de-  Badges, 
tectives,  wear  in  plain  sight  a  metallic  badge,  inscribed  with  the  1874',  372; 
words,  "Railroad  Police",  or  "Street  Railway  Police",  as  the  fssot'ss.  § 3. 
case  may  be,  and  the  name  or  initials  of  the  corporation  or  com-  fg9|;  225,'  §  26' 
pany  for  which  they  are  appointed;  and  the  presence  of  any  R-  L- 108>  §  l6- 
such  officer  on  the  cars  or  premises  of  the  corporation  or  com- 
pany  upon   whose   petition   he   was   appointed,   wearing   such 
badge,  shall  be  prima  facie  evidence  that  he  is  lawfully  upon 
duty. 

SECTION  53.     Railroad  and  street  railway  police  officers  may  Powers  of 
preserve  order  on  the  premises  and  cars  of  the  corporation  or  mTssi, 
company  upon  whose  petition  they  are  appointed;  may,  with-  1874',  372", 
out  a  warrant,  arrest  an  idle,  noisy,  intoxicated  or  disorderly  p*s4i'o3?6' 
person  upon  such  premises  or  cars;  or  a  passenger  upon  such  flg1/'^!  53 
cars  who  refuses  to  pay  his  fare,  and  remove  him  to  the  bag-  R-  L  191'23 
gage  or  other  suitable  car;  may,  without  a  warrant,  arrest  any  143  Mass,  es, 
person  committing  any  of  the  offences  specified  in  section  sixty-  us'Mass.  119. 
six;  and  street  railway  police  officers  may,  without  a  warrant, 
arrest  any  person  committing  any  of  the  offences  specified  in 
section  eighty-four  of  Part  III. 

SECTION  54.     The  person  so  arrested  shall  be  taken  to  the  Arrest. 
police  station  or  other  place  of  lawful  detention  in  the  city  or  poHce8 

,  .    i      ,i  ,     .  ,  ,,  .,  •       1895,318,53. 

town  in  which  the  arrest  is  made,  or  in  the  city  or  town  in  R.  L.  IDS,  §  23. 
which  the  car  next  stops;  he  may  be  placed  in  charge  of  a 
police  officer  or  constable  in  either  of  such  cities  or  towns,  to 
be  taken  to  a  lawful  place  of  detention  within  twenty-four 
hours  after  the  time  of  such  arrest,  Sundays  excepted.  Com- 
plaint shall  be  made  against  the  person  arrested  by  the  officer 
taking  him  to  the  place  of  detention  for  the  offence  for  which 
he  was  arrested  to  a  police,  district  or  municipal  court,  or  trial 
justice  having  jurisdiction  of  such  offences  committed  in  the 
city  or  town  in  which  such  person  is  detained,  and  such  court 
or  justice  shall  have  jurisdiction  of  the  case. 

SECTION  55.     Railroad  and  street  railway  police  officers  shall 
be  paid  by  the  corporation  or  company  upon  whose  petition  § 147 


36 


PART   I.  —  RAILROADS  AND  STREET   RAILWAYS. 


R  L  IDS'  I  io'  tne^  are  aPP°mted-     Such  corporation   or  company  shall   be 
'  liable  for  any  official  misconduct  of  such  officers  to  the  same 
extent  as  for  torts  of  agents  or  servants  in  their  employ. 

Revised  Laws,  Chapter  204,  §  46. 

roaed  ofoHce"  SECTION  46.    Railroad  police  shall  not  be  entitled  to  any  fees  for 

i890,P4°4oT§  9.    attendance  upon  a  trial  as  witnesses  for  the  commonwealth,  but  they 
may  be  allowed  their  necessary  expenses  therefor. 


Duties  of 
inspectors. 
1894,  535, 
§§  3,  4. 
1897,  376.  §  1. 
R.  L.  Ill, 
§223. 


Investigation 
of  accidents. 
1894,  535,  §  5. 
1897,  376,  §  2. 
R.  L.  Ill, 
§224. 


Inspection  of 
property,  etc. 


INSPECTION   OF   EQUIPMENT. 

SECTION  56.  Railroad  and  street  railway  inspectors  who  are 
appointed  under  the  provisions  of  section  one,  shall,  under  the 
direction  of  the  board  of  railroad  commissioners,  examine  the 
roadbed,  tracks,  crossings,  stations,  rolling  stock,  machinery, 
equipments,  appliances  and  grounds  used  in  or  in  connection 
with  the  operation  of  railroads  or  street  railways;  and  if  they 
are  considered  by  an  inspector  not  to  be  in  compliance  with  the 
requirements  of  law,  or  to  be  in  such  condition  as  to  endanger 
the  safety  of  the  public  or  of  employees,  he  shall  so  report  in 
writing  to  said  board,  which,  if  it  considers  it  necessary,  shall 
give  notice  to  the  corporation  or  company,  or  to  the  persons 
who  own  or  operate  the  railroad  or  street  railway,  of  such  fail- 
ure to  comply  with  the  requirements  of  the  law  or  of  such  de- 
fects, with  such  recommendation  as  it  may  consider  necessary 
or  proper. 

SECTION  57.  An  inspector  shall,  under  the  direction  of  the 
board  of  railroad  commissioners,  investigate  as  promptly  as  may 
be  any  accident  upon  a  railroad  or  street  railway,  or  resulting 
from  the  operation  thereof,  which  causes  the  death  or  imperils 
the  life  of  a  passenger,  employee  or  other  person,  and  shall  re- 
port thereon  to  said  board.  He  shall  attend  the  inquest  held 
in  the  case  of  any  such  death  by  accident,  and  may  cause  any 
person  who  has  knowledge  of  the  facts  or  circumstances  con- 
nected with  such  death  to  be  summoned  as  a  witness  to  testify 
at  the  inquest. 

Acts  of  1913,  Chapter  784,  §  13. 

SECTION  13.  The  commission  may,  either  through  its  members  or 
responsible  agents,  engineers,  inspectors  or  examiners  duly  authorized  by 
it,  enter  upon  any  premises  occupied  by  any  common  carrier  for  any 
purpose  consistent  with  the  provisions  of  this  act.  It  may  inspect  the 
property,  equipment,  buildings,  plants,  factories,  power-houses,  ducts, 
conduits  and  offices  of  any  common  carrier.  It  shall  have  the  right  in 
connection  with  such  inspection  by  its  members,  inspectors  or  experts 
to  have  such  service,  of  the  sort  proffered  by  the  common  carrier,  per- 
formed for  it  as  it  may  reasonably  require,  including  the  right  to  ride 
upon  any  locomotive,  car  or  steamship  while  in  service,  and  to  have, 
upon  reasonable  notice,  the  use  of  an  inspection  locomotive  or  car  when- 
ever that  is  necessary  in  the  opinion  of  the  commission,  for  a  physical 
inspection  of  all  or  any  of  the  lines  and  stations  of  any  railroad  or  railway 
under  its  supervision. 


PART    I.  —  RAILROADS    AND    STREET    RAILWAYS.  37 


RAILROAD   AND   STREET   RAILWAY   BRIDGES. 

SECTION  58.     Every  railroad  corporation  and  street  railway  Examination 
company  shall,  upon  request  of  the  board  of  railroad  commis-  str™t™al?waayd 
sioners,  and  at  least  once  in  two  years,  cause  an  examination  of  ^887!e334, 
its  bridges  and  of  the  approaches  thereto  to  be  made  by  a  com-  florae 
petent  engineer,  who  shall  report  the  result  of  his  examination,  R-  L!  in, 
his  conclusions  and  recommendations  to  the  corporation  or  com-  see  1908,  sss. 
pany,  and  it  shall  forthwith  transmit  a  copy  of  the  report  to 
said  board.     Before  a  street  railway  company  builds  a  bridge, 
it  shall  first  submit  the  plans  thereof  to  said  board  for  approval. 
Upon  the  completion  of  a  new  bridge,  the  railroad  corporation 
or  street  railway  company  shall  forthwith  cause  such  examina- 
tion and  report  to  be  made  and  transmitted  to  said  board.     The 
report  shall  furnish  such  information,  in  such  detail  and  with 
such   drawings  or  prints,  as  may  be  requested  in  writing  by 
said  board.     Said  board  may  make  further  examination  of  the 
bridge  structure  if  necessary  or  expedient.     The  provisions  of 
this  section  shall  not  exempt  a  corporation  from  making  other 
and   more  frequent  examinations   of  its  bridges   and  the  ap- 
proaches thereto.* 

CONDITIONAL  SALE   OF  ROLLING   STOCK. 

SECTION  59.     A  contract  for  the  sale  of  railroad  or  street  Conditional 

•  i  ,,.  i  •        i  i  i  •    i  sale  of  rolling 

railway  rolling  stock  may  stipulate  that  the  title  to  the  prop-  stock. 
erty  sold  or  contracted  to  be  sold  shall  not  vest  in  the  purchaser  luS.26' 
until  the  purchase  price  is  fully  paid,  or  that  the  vendor  shall  IL^/ol;!/5 
have  and  retain  a  lien  thereon  for  the  unpaid  purchase  money 
although  possession  thereof  may  be  delivered  immediately  or  at 
any  subsequent  time,  and  a  contract  for  the  leasing  or  hiring  of 
such  property  may  stipulate  for  a  conditional  sale  thereof  at  the 

*  Bridges  constructed  and  used  exclusively  for  street  railway  purposes  should  have  floor 
systems  similar  to  those  used  on  steam  railroad  bridges.  While  there  is  some  difference  in  prac- 
tice with  reference  to  the  details  of  such  floors  the  Board  (under  §  58  of  Part  I  of  chapter  463  of 
the  Acts  of  1906)  recommends  the  following  construction:  — 

(a)  Ties  shall  be  of  hard  pine,  not  less  than  5  inches  by  7  inches,  and  not  less  than  10  feet  long 
for  a  single  track,  and  shall  be  spaced  not  over  8  inches  apart  in  the  clear.  (The  Board  recom- 
mends a  spacing  of  6  jnches  in  the  clear.)  Ties  resting  on  wooden  stringers  need  not  be  notched, 
and  at  least  every  third  tie  shall  be  securely  spiked  or  bolted  to  the  stringers.  Ties  resting  on 
steel  stringers  or  girders  shall  be  notched  one-half  inch  over  supports,  and  at  least  every  fourth 
tie  shall  be  fastened  to  the  stringers  or  girders  at  each  end  by  a  three-quarter-inch  hook  bolt. 
Ties  resting  on  plate  girders  or  trusses  with  cover  plates  shall  be  grooved  for  the  rivets,  and 
notched  to  correspond  to  the  thickness  of  the  plates. 

(6)  Near  the  ends  of  the  ties  there  shall  extend  on  each  side  a  wooden  guard  timber  not  less 
than  6  inches  by  6  inches,  notched  one  inch  over  the  ties  and  bolted  to  every  third  tie  by  a  three- 
quarter-inch  bolt.  (The  office  of  this  guard  timber  is  not  to  prevent  a  derailed  wheel  from  running 
off  the  bridge,  but  simply  to  keep  the  ties  in  place.)  With  ties  10  feet  long  this  guard  timber  will 
be  from  21  inches  to  24  inches  in  the  clear  outside  of  the  track  rails.  Guard  timbers  must  ex- 
tend over  all  piers  and  abutments,  and,  if  spliced,  shall  be  spliced  over  a  tie  with  a  halved  joint 
6  inches  long,  bolted  to  the  tie. 

(c)  In  order  to  prevent  a  derailed  truck  from  running  far  from  the  track,  even  if  it  should 
be  derailed  before  reaching  the  bridge,  inside  guard  rails  shall  be  provided.     These  rails  shall  be 
of  the  same  height  as  the  track  rails,  and  shall  extend  across  the  entire  bridge  and  for  a  distance 
of  about  50  feet  beyond  the  ends,  coming  to  a  point  in  the  centre  of  the  track,  the  point  being 
protected  by  a  casting  or  frog  point.     If  there  is  a  sharp  curve  on  the  approach,  the  guard  rails 
shall  be  extended  around  the  curve.     These  rails  shall  have  the  heads  not  less  than  8  inches  in  the 
clear  inside  of  the  heads  of  the  track  rails,  anci  shall  be  securely  spiked  to  every  tie. 

(d)  If  the  bridge  is  on  a  curve,  the  outer  rail  must  be  suitably  elevated. 

7.  In  the  case  of  combined  highway  and  electric  railway  bridges,  the  railway  track  shall  in 
general  have  ties  resting  upon  the  stringers,  the  ties  to  be  not  less  than  6  inches  by  6  inches,  and  8 
feet  long,  spaced  10  inches  apart,  and  planked  over  with  plank  not  less  than  2  inches  thick.  The 
planking  and  wheel  guards  on  the  highway  portion  of  the  structure  must  be  satisfactory  <to  the 
Board. 


38  PART  I.  —  RAILROADS  AND  STREET  RAILWAYS. 

termination  of  such  contract,  and  that  the  rentals  or  amounts 
to  be  received  thereunder,  may,  as  paid,  be  applied  and  treated 
as  purchase  money,  and  that  the  title  to  the  property  shall  not 
vest  in  the  lessee  or  bailee  until  the  purchase  price  shall  have 
been  paid  in  full  and  until  the  terms  of  the  contract  shall  have 
been  fully  performed,  notwithstanding  delivery  to  and  posses- 
sion by  such  lessee  or  bailee.  No  such  contract  shall  be  valid 
as  against  any  subsequent  attaching  creditor  or  any  subsequent 
bona  fide  purchaser  for  value  and  without  notice  unless  it  is  in 
writing  executed  by  the  parties  and  acknowledged  by  the  ven- 
dee, lessee  or  bailee  before  a  magistrate  authorized  to  take 
acknowledgments  of  deeds,  and  in  the  same  manner  as  deeds 
are  acknowledged,  and  recorded  in  the  office  of  the  secretary 
of  the  commonwealth;  nor  unless  each  locomotive,  engine  or 
car  so  sold,  leased  or  hired,  or  contracted  to  be  sold,  leased  or 
hired  as  aforesaid,  shall  have  the  name  of  the  vendor,  lessor 
or  bailor  plainly  marked  on  each  side  thereof,  followed  by  the 
word  "owner",  "lessor",  or  "bailor",  as  the  case  may  be. 
The  provisions  of  chapter  one  hundred  and  ninety-eight  of  the 
Revised  Laws  shall  not  apply  to  such  contract. 
Record  of  con-  SECTION  60.  A  contract  authorized  by  the  preceding  section 

tract,  and  fees.  I     i  i   i      • 

1894, 326,  §  2.  shall  be  recorded  by  the  secretary  or  the  commonwealth  in  a 
s&  mo,  'isr.  '  book  to  be  kept  for  that  purpose,  and  upon  payment  in  full  of 
the  purchase  money  and  the  performance  of  the  terms  and  con- 
ditions stipulated  in  such  contract,  a  declaration  in  writing 
thereof  may  be  made  by  the  vendor,  lessor  or  bailor,  or  his  as- 
signee on  the  margin  of  the  record  of  the  contract,  attested,  or 
it  may  be  made  by  a  separate  instrument,  acknowledged  by  the 
vendor,  lessor  or  bailor,  or  his  assignee,  and  recorded  as  afore- 
said. A  fee  of  five  dollars  shall  be  paid  to  the  secretary  of  the 
commonwealth  for  recording  such  contract  or  declaration,  and 
a  fee  of  one  dollar  for  noting  such  declaration  on  the  margin  of 
the  record. 

ATTACHMENT   OF   ROLLING   STOCK. 

Attachment  of       SECTION  61.     Railroad  cars  and  engines,  and  street  railway 
1875, 144.         cars,  in  use  and  making  regular  passages  on  railroads  or  rail- 
p.  s.'  lei',  §  39.  ways,  shall  not  be  attached  upon  mesne  process,  unless  the 
140  MM.' 131.  officer  who  makes  an  attachment  of  such  property  has  first  de- 
is?  Mass.  596.   man(je(j  of  fae  owners  or  managers  thereof  other  property  upon 
which  to   make   such   attachment   equal   in   value  to  the   ad 
damnum  in  the  writ,  and  such  owners  or  managers  have  re- 
fused or  neglected  to  comply  with  said  demand.     Such  attach- 
ment shall  be  void,  unless  the  officer  certifies  in  his  return  that 
he  has  made  such  demand,  and  that  the  owners  or  managers 
have  refused  or  neglected  to  comply  therewith. 

NOTICE   OF  ACCIDENTS. 

£ccideentsf  SECTION  62.     Every  railroad  corporation  and  street  railway 

G84!'  eaViob  comPany  shall  give  immediate  notice  of  an  accident  on  its  rail- 
1869',  408,  §  14!  road  or  railway,  which  results  in  a  loss  of  life,  to  the  medical 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS.  39 

examiner  of  the  county  who  resides  nearest  to  the  place  of  acci-  ISTS,  9s,  §  2. 
dent,  and  shall  also,  within  twenty-four  hours,  give  notice  to  the  §  159. 
board  of  railroad  commissioners  of  any  such  accident  or  of  any  p87!.' m, 
accident  of  the  description  of  accidents  of  which  said  board  may  R2L8'm, 
require  notice  to  be  given.     For  each  omission  to  give   such 
notice,  the  corporation  or  company  shall  forfeit  not  more  than 
one  hundred  dollars.* 

Revised  Laws,  Chapter  24,  §  11. 

[SECTION  11.  .  .  .  An  inquest  shall  be  held  in  all  cases  of  death  by  when  inquest 
accident  upon  a  railroad,  and  the  court  or  justice  holding  such  inquest  ig^.^oof^io 
or  an  inquest  in  case  of  death  by  accident  upon  a  street  railway  shall  ^j^  ||-J  J3^ 
give  seasonable  notice  of  the  time  and  place  thereof  to  the  board  of  rail-  1897,'  37e!  §  2! 
road  commissioners.     The  attorney  general  or  the  district  attorney  may  1912^443. 
direct  an  inquest  to  be  held  in  the  case  of  death  by  any  casualty.] 

Section  11.  The  court  or  trial  justice  shall  thereupon  hold  an  inquest, 
from  which  all  persons  not  required  by  law  to  be  present  may  be  excluded, 
and  the  witnesses  may  be  kept  separate,  so  that  they  cannot  converse  with 
each  other  until  they  have  been  examined.  The  district  attorney  or  any  person 
designated  by  him,  may  attend  the  inquest  and  examine  the  witnesses.  Within 
sixty  days  after  any  case  of  death  by  accident  upon  a  railroad,  electric  rail- 
road, street  railway  or  railroad  {or  private  use  an  inquest  shall  be  held  in 
such  case,  and  the  court  or  justice  holding  such  inquest  shall  give  seasonable 
notice  of  the  time  and  place  thereof  to  the  board  of  railroad  commissioners. 
The  attorney-general  or  the  district  attorney  may  direct  an  inquest  to  be  held 
in  the  case  of  death  by  any  casualty. 

Acts  of  1912,  Chapter  443. 

An  Act  relative  to   Inquests   in   Cases  of   Death  by  Accidents   on   Rail- 
roads and  Railways. 

Section  eleven  of  chapter  twenty-four  of  the  Revised  Laws,  as  amended  R.  L.  24, 
by  section  one  of  chapter  one  hundred  and  nineteen  of  the  acts  of  the  year  \log't  273]  §  2,: 
nineteen  hundred  and  four  and  by  section  two  of  chapter  two  hundred  amended, 
and  seventy-three  of  the  acts  of  the  year  nineteen  hundred  and  nine,  is 
hereby  further  amended  by  striking  out  the  said  section  and  inserting  in 
place  thereof  the  following:  —  Section  11.     [For  §  11  as  amended,  see  above.] 

Revised  Laws,  Chapter  24,  §  14. 

[SECTION  14.  If  a  magistrate  has  reason  to  believe  that  an  inquest  Report  of 
to  be  held  by  him  relates  to  the  death  by  accident  of  a  passenger  or  em-  certain06  * 
ployee  upon  a  railroad  or  of  a  traveller  upon  a  public  or  private  way  at  j^gg68^ 
a  railroad  crossing,  or  to  a  death  by  accident  connected  with  the  operation  1889, 154. 
of  a  street  railway,  he  shall  cause  a  verbatim  report  of  the  evidence  to  1896,'  302! 
be  made  and  sworn  to  by  the  person  making  it,  and  the  report  and  the  bill  ^7l?4ae. 

*  Under  the  authority  of  section  62,  Part  I,  chapter  463,  Acts  of  1906,  the  Board  requires  that 
reports  be  made:  — 

1.  Of  all  accidents  resulting  in  serious  personal  injury,  as  well  as  in  loss  of  life,  whether  of  pas- 
sengers, employees  or  others. 

2.  Of  all  accidents  which  do  not  result  in  personal  injury,  but  which  cause  serious  detention 
of  passenger  trains  or  electric  cars. 

When  an  accident  occurs  at  a  station  it  should  be  so  reported  and  the  name  of  the  station  given; 
when  it  occurs  elsewhere  the  place  should  be  described  with  reasonable  accuracy. 

The  word  "station"  will  be  deemed  to  mean  that  part  of  the  railroad  premises  within  which 
trains  are  customarily  stopped  for  the  purpose  of  receiving  or  discharging  passengers. 

The  word  "road"  will  be  deemed  to  mean  all  parts  of  premises  the  use  of  which  is  ordinarily 
necessary  to  the  operation  of  the  railroad  or  railway. 

The  accidents  to  be  reported  are  those  which  are  incident  to  the  movement  of  any  engine  or 
car. 

Each  report  should  include  a  brief  statement  of  the  character  of  the  accident  and  the  nature 
of  the  injury. 


4:0  PART  I.  —  RAILROADS   AND   STREET   RAILWAYS. 

for  services,  after  examination  and  approval  in  writing  by  such  magistrate, 
shall  be  forwarded  forthwith  to  the  board  of  railroad  commissioners. 
Such  bill  when  approved  by  said  board  shall  be  forwarded  to  the  auditor 
of  accounts  and  be  paid  by  the  commonwealth,  assessed  on  the  several 
corporations  owning  or  operating  the  railroad  or  street  railway  on  which 
the  accident  occurred  and  shall  be  collected  in  the  manner  provided  in 
section  ten  of  chapter  one  hundred  and  eleven.  The  magistrate  may, 
in  his  discretion,  refuse  fees  to  witnesses  in  the  employ  of  the  company 
upon  whose  railroad  the  accident  occurred.] 

Section  14-  If  a  magistrate  has  reason  to  believe  that  an  inquest  to  be 
held  by  him  relates  to  the  death  by  accident  of  a  passenger  or  employee  upon 
a  railroad  or  electric  railroad  or  a  traveler  upon  a  public  or  private  way  at  a 
railroad  crossing,  or  to  a  death  by  accident  connected  with  the  operation  of 
a  street  railway  or  of  a  railroad  for  private  use,  he  shall  cause  a  verbatim 
report  of  the  evidence  to  be  made  and  sworn  to  by  the  person  making  it,  and 
the  report  and  the  bill  for  services,  after  examination  and  approval  in  writing 
by  the  magistrate,  shall  be  forwarded  to  the  board  of  railroad  commissioners 
within  thirty  days  after  the  date  of  the  inquest.  The  bill  when  approved  by 
said  board  shall  be  forwarded  to  the  auditor  and  be  paid  by  the  commonwealth, 
assessed  on  the  several  railroad,  electric  railroad  or  street  railway  corporations 
or  other  corporations,  persons,  firms  or  associations  owning  or  operating 
the  railroad,  electric  railroad  or  street  railway  or  railroad  for  private  use  on 
which  the  accident  occurred,  and  shall  be  collected  in  the  manner  provided 
in  section  three  of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the  acts 
of  the  year  nineteen  hundred  and  six.  The  magistrate  may,  in  his  discretion, 
refuse  fees  to  witnesses  in  the  employ  of  the  company  upon  whose  railroad 
or  railway  the  accident  occurred. 

Acts  of  1912,  Chapter  496. 

An  Act  relative  to  Reports  of  Evidence  at  Inquests  in  Cases  of  Death  by 
Accidents  on  Railroads  and  Railways. 

R.  L.  24  Chapter  twenty-four  of  the  Revised  Laws  is  hereby  amended  by  striking 

out  section  fourteen  and  inserting  in  place  thereof  the  following :  — 
Section  14-  [For  §  14  as  amended,  see  above.] 


PENALTY   FOR   LOSS   OF   LIFE. 

Penalty  on  SECTION  63.     If  a  corporation  which  operates  a  railroad  or  a 

corporations  ..                 .                                  „.                  ..                            .                                  - 

for  loss  of  life  street  railway,  by  reason  ot  its  negligence  or  by  reason  01  the 

gencefetc"*  unfitness  or  [gross]  negligence  of  its   agents  or  servants  while 

Ills',  In,  engaged  in  its  business,  causes  the  death  of  a  passenger,  or  of  a 

G§  s  ^3,  person  who  is  in  the  exercise  of  due  care  and  who  is  not  a  pas- 

iio^~229  senger  or  in  the  employ  of  such  corporation,  it  shall  be  punished 

1867^164'  ky  a  fine  °f  n°t  less  than  five  hundred  nor  more  than  [five  thou- 

i87i',  38i,  sand]  ten  thousand  dollars  which  shall  be  recovered   by  an  in- 

1874/372,  dictment   prosecuted   within   one  year  after   the    time   of   the 

i886i%99,  injury  which  caused  the  death,  and  shall  be  paid  to  the  exec- 

P!  s!  ill,'  ut°r  or  administrator,  one  half  thereof  to  the  use  of  the  widow 

i8832'243  anc^  one  half  to  the  use  of  the  children  of  the  deceased;  or,  if 

1886Afa4Ss'  678  there  are  no  children,  the  whole  to  the  use  of  the  widow;  or, 

soo Mass,  is,'  if  there  is  no  widow,  the  whole  to  the  use  of  the  next  of  kin; 

444*  '  but  a  corporation  which  operates  a  railroad    shall  not  be  so 

sos  MOSS!  454.  liable  for  the  death  of  a  person  while  walking  or  being  upon  its 


PART   I.  —  RAILROADS  AND  STREET   RAILWAYS. 


41 


railroad  contrary  to  law  or  to  the  reasonable  rules  and  regula-  204  Mass.  250. 
tions  of  the  corporation.     Such  corporation  shall  also  be  liable  W.fSF' 
in  damages  in  the  sum  of  not  less  than  five  hundred  nor  more  ur.  °M'K8' 
than  [five  thousand]  ten  thousand  dollars,  which  shall  be  assessed 
with  reference  to  the  degree  of  culpability  of  the  corporation 
or  of  its  servants  or  agents,  and  shall  be  recovered  in  an  action  |j*  Mass-  48T, 
of  tort,  begun  within  one  year  after  the   injury  which  caused  sis  Mass.  sas. 
the  death,  by  the  executor  or  administrator  of   the  deceased  R.  L.  m', 

•  6  2fi7 

for  the  use  of  the  persons  hereinbefore  specified  in  the  case  of  Amended 
an  indictment.     If  an  employee  of  a  railroad  corporation,  being  {f?j)  ess'.    *' 
in  the  exercise  of  due  care,  is  killed  under  such  circumstances  ii1c'ush45i2. 
as  would  have  entitled  him  to  maintain  an  action  for  damages  fo^^ilo 
against  such  corporation  if  death  had  not   resulted,  the  cor-  13  AUen!  689. 
poration  shall  be  liable  [in  the  same  manner  and  to  the  same  107  Mass.  235! 
extent]  in  the  sum  of  not  less  than  fine  hundred  nor  more  than  120  Mass!  372. 
[five  thousand]  ten  thousand  dollars,  in  the  same  manner  as  it  }OQ  Mass!  506. 
would  have  been  if  the  deceased  had  not  been  an   employee.  |||  JJ**-  f^; 
But  no  executor  or  administrator  shall,  for  the   same  cause,  ijjjj  Mass,  o^ 
avail  himself  of  more  than  one  of  the  remedies  given  by  the  252  542. 

.    , ,  .  ,.  141  Mass.  471. 

provisions  or  this  section.  143  Maas.  501. 


144  Mass.  425.  159  Mass 

147  Mass.  101.  160  Mass 

148  Mass.  478,  482.  161  Mass 

153  Mass.  79,  113,  300.  162  Mass 

154  Mass.  478,  524.  163  Mass 
156  Mass.  316,  320.  164  Mass 


3,  536.  165  Mass.  581.  180  Mass.  490. 

39.  166  Mass.  492.  182  Mass.  337. 

26,  298.  171  Mass.  33,  52, 164.  185  Mass.  510. 

66.  172  Mass.  211.  187  Mass.  77. 

132,  343.  173  Mass.  136.  188  Mass.  8,  371. 

425.  175  Mass.  181.  190  Mass.  84. 


Acts  of  1907,  Chapter  392. 

An  Act  to  increase  the  Penalty  imposed  on  a  Railroad  or  Street  Railway 
Corporation  for  Loss  of  Life  through  its  Negligence. 

SECTION  1.    Section  sixty-three,  Part  I.  of  chapter  four  hundred  and  ^fj^f5'  *SS 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  Amended 

1911    635' 

amended  by  striking  out  the  word  "gross",  in  the  third  line,  by  striking  1912,354. 
out  the  words  "five  thousand",  in  the  eighth  and  twenty-first  lines,  and 
inserting  in  place  thereof  in  each  case  the  words :  —  ten  thousand,  — 
and  by  striking  out  the  words  "in  the  same  manner  and  to  the  same 
extent",  in  the  thirty-first  and  thirty-second  lines,  and  inserting  in 
place  thereof  the  words :  —  in  the  sum  of  not  less  than  five  hundred  nor  . 

more  than  five  thousand  dollars,  in  the  same  manner,  —  so  as  to  read 
as  follows:  —  Section  63.    [For  §  63  as  amended,  see  above.] 

Acts  of  1911,  Chapter  635. 

An  Act  relative  to  the  Recovery  of  Damages  for  Conscious   Suffering  in 
Certain  Cases  of  Death  from  Injury. 

SECTION  1.    In  any  civil  action  brought  under  the  provisions  of  section  Re£overgy£f 
sixty-three  of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the  acts  certain  cases 
of  the  year  nineteen  hundred  and  six,  as  amended  by  section  one  of  chapter  f^y*11  from 
three  hundred  and  ninety-two  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  damages  may  be  recovered  under  a  separate  count  at  common 
law  for  conscious  suffering  resulting  from  the  same  injury,  but  any  sum 
so  recovered  shall  be  held  and  disposed  of  by  the  executors  or  adminis- 
trators as  assets  of  the  estate  of  the  deceased. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.    [Approved 
July  7,  1911. 


42  PART  I.  —  RAILROADS  AND  STREET   RAILWAYS. 


Acts  of  1912,  Chapter  354. 

An  Act  to  increase  the  Penalty  imposed  on  a  Railroad  Corporation  for 
Loss  of  Life  through  its  Negligence. 

1906,  463,  Section  sixty-three  of  Part  I  of  chapter  four  hundred  and  sixty-three  of 

the  acts  of  the  year  nineteen  hundred  and  six,  as  amended  by  chapter 
three  hundred  and  ninety-two  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  is  hereby  further  amended  by  striking  out  the  words  "five 
thousand",  in  the  thirty-third  line,  and  inserting  in  place  thereof  the  words: 
—  ten  thousand,  —  so  that  the  last  two  sentences  of  the  said  section  will 
read  as  follows  :  —  •  If  an  employee  of  a  railroad  corporation,  being  in  the 
exercise  of  due  care,  is  killed  under  such  circumstances  as  would  have 
entitled  him  to  maintain  an  action  for  damages  against  such  corporation 
if  death  had  not  resulted,  the  corporation  shall  be  liable  in  the  sum  of  not 
less  than  five  hundred  nor  more  than  ten  thousand  dollars,  in  the  same 
manner  as  it  would  have  been  if  the  deceased  had  not  been  an  employee. 
But  no  executor  or  administrator  shall,  for  the  same  cause,  avail  himself 
of  more  than  one  of  the  remedies  given  by  the  provisions  of  this  section. 
[Approved  April  1,  1912. 

EVASION  OF  PAYMENT  OF  FARE. 

paymont°df  SECTION  64.     Whoever  fraudulently  evades  or    attempts  to 

1849  i9i  §2  eva<^e  the  payment  of  a  toll  or  fare  lawfully  established  by  a 
185?;  24o!  §  5.'  railroad  corporation  or  street  railway  company,  either  by  giving 
§§113,  141.  a  false  answer  to  the  collector  of  the  toll  or  fare,  or  by  travelling 
IsTil  Is?;  1  37!  beyond  the  point  to  which  he  has  paid  the  same,  or  by  leaving 
the  train  or  car  without  having  paid  the  toll  or  fare  established 
97112'  ^or  the  distance  travelled,  or  otherwise,  shall  forfeit  not  less 


197 


in>        than  five  nor  more  than  twenty  dollars.     Whoever  does  not 
uPon  demand  first  pay  such  toll  or  fare  shall   not  be  entitled 


a8s  4o 
ns  Mass!  64.  '  to  be  transported  for  any  distance,  and  may  be  ejected  from  a 

iss  Mass!  279!  street  railway  car;  but  no  person  shall  be  removed  from  a  car 
of  a  railroad  corporation  except  as  provided  in  section  fifty- 
three,  nor  from  a  train  except  at  a  regular  passenger  station. 

Revised  Laws,  Chapter  212,  §  35. 
Disorderly  SECTION  35.    Whoever,  in  or  upon  a  railroad  carriage,  steamboat  or 

conduct  in  ,  ...  '.       ,.          .      .  ,.          ,  „ 

public  convey-    other  public  conveyance,  is  disorderly,  or  disturbs  or  annoys  travellers 
1883?'  102.          }n  or  uP°n  the  same  by  profane,  obscene  or  indecent  language,  or  by 
indecent  behavior,  shall  be  punished  by  imprisonment  for  not  more  than 
thirty  days  or  by  a  fine  of  not  more  than  fifty  dollars. 

INJURY  TO  SIGNALS. 

injury  to  SECTION  65.     Whoever  unlawfullv  and  intentionally  injures, 

signal.  ,  .(.MI  • 

1876,  63.          molests  or  destroys  any  signal  of  a  railroad  corporation  or  street 
§'207.  railway  company,  or  any  line,  wire,  post  or  other  structure  or 

18991252.  mechanism  used  in  connection  with  such  signal,  or  prevents  or 
in  any  way  interferes  with  the  proper  working  of  such  signal, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred  dol- 
lars or  by  imprisonment  for  not  more  than  two  years,  or  by 
both  such  fine  and  imprisonment. 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS.  43 


THROWING  MISSILES,   ETC. 

SECTION  66.     Whoever  wilfully  throws  or  shoots  a  missile  at  Throwing 

i  •  •  >t          i  .1  .        missiles, 

a  locomotive  engine,  or  railroad  or  street  railway  car  or  tram,  assaulting 

i  .  engineer,  etc. 

or  at  a  person  on  such  engine  or  car  or  train,  or  in  any  way  isso.  no. 
assaults  or  interferes  with  a  conductor,  engineer,  brakeman,  or  §206.112' 
motorman,   while  in  the  performance  of  his  duty  on  or  near  jaeo.111' 
such  engine,  or  car  or  train,  shall  be  punished  by  a  fine  of  not  145  Mas8-  403- 
more  than  one  hundred   dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 
A  person  so  offending  may  be  arrested  without  a  warrant  by 
an  officer   authorized  to  serve  criminal    process,   and  kept  in 
custody  in  jail  or  other  convenient  place  not  more  than  twenty- 
four  hours,  Sundays  and  legal  holidays  excepted,  at  or  before 
the  expiration  of  which  time  he  shall  be  taken  before  a  proper 
court  or  magistrate,  and  proceeded  against  according  to  law. 

LEASE  OR  PURCHASE  OF  FRANCHISE. 

SECTION  67.     A  lease  or  purchase  and  sale  of  the  franchise  Leases,  etc.,  to 
and  property  of  a  railroad  corporation,  or  street  railway  com-  by  board™' 
pany,  and  a  consolidation  of  two  or  more  railroad  corporations,  R^L!  m', 
or  street  railway  companies,  or  a  contract  that  either  corporation  Am^ded. 
shall  perform  all  the  transportation  upon  and  over  the  road  of  ffi7' 685< 
the  other,  whether  authorized  by  general  laws  or  a  special  act,  see  1910,443. 
shall  not  be  valid  or  binding  until  the  terms  thereof  shall,  after 
public  notice  and  a  hearing,  have  been  approved  by  the  board 
of  railroad  commissioners,  and  a  certificate  signed  by  said  board, 
setting  forth  the  vote  of  approval,  shall  have  been  filed  in  the 
office  of  the  secretary  of  the  commonwealth.     Said  board  shall 
announce  its  decision  within  thirty  days  after  the  final  hearing 
upon  the  application  of  any  railroad  corporation  or  street  rail- 
way company  for  permission  to  lease  or  sell  to,  consolidate  with 
or  purchase  the  franchise  and  other  property  of,  any  other  rail- 
road corporation  or  street  railway  company,  or  to  contract  with 
any   other  railroad  corporation  or  street    railway  company  that 
either  corporation  shall  perform  all  the  transportation  upon  and 
over  the  road  of  the  other. 

Acts  of  1907,  Chapter  585. 
An  Act  to  restrain  the  Consolidation  of  Railroad  Corporations. 

SECTION  1.     No  corporation  owning,  leasing  or  operating  a  railroad  "Merger bill," 
wholly  or  partly  in  this  Commonwealth,  nor  any  person  or  corporation  Acquisition  of 
acting  in  its  interest  shall,  directly  or  indirectly,  after  the  passage  of  this  d^estic 
act  acquire,  or  attempt  to  acquire  by  purchase,  exchange  of  shares,  or  railroads,  etc. 
in  any  other  way,  any  shares  of  the  capital  stock  of  any  domestic  railroad  etc!ing  up°n> 
company  not  lawfully  leased,  owned  or  operated  by  it  prior  to  the  first 
day  of  May  in  the  year  nineteen  hundred  and  seven,  except  under  specific 
authority  provided  by  statute.     No  such  corporation  nor  any  person  in 
its  behalf  shall,  prior  to  the  first  day  of  July,  nineteen  hundred  and  eight, 
vote  any  such  stock  which  it  now  holds  or  may  acquire  in  its  own  name 


44 


PART   I.  —  RAILROADS  AND   STREET   RAILWAYS. 


Voting  at 
elections  on 
shares  of 
atock,  until. 


Proviso. 


Application  to 
board  of 
railroad  com- 
missioners. 

Determina- 
tion, report. 


No  increase 
of  fares  or 
rates. 


Switch 
connections. 


or  in  that  of  any  person  or  corporation  acting  in  its  interest,  nor  attempt 
to  vote  the  same,  at  any  meeting  of  the  stockholders  of  such  domestic 
railroad  company,  nor  exercise,  nor  attempt  to  exercise,  directly  or  in- 
directly, any  control,  direction,  supervision  or  influence  whatsoever  over 
the  acts  or  doings  of  such  domestic  railroad  company  by  virtue  of  such 
holding  of  stock  therein. 

SECTION  2.  No  domestic  railroad  company  shall  prior  to  said  date 
permit  any  shares  of  its  capital  stock  owned  or  controlled  by  a  corpora- 
tion, as  designated  in  section  one,  or  by  any  person  or  corporation  acting 
in  its  interest,  to  be  voted  on  behalf  of  said  corporation  by  its  officers, 
attorneys  or  agents,  or  any  other  person,  at  any  corporate  election  for 
directors  or  officers  of  such  domestic  railroad  company.  No  such  domestic 
railroad  company,  or  any  officer,  director,  servant  or  agent  thereof,  shall 
permit  or  suffer  the  said  corporation  designated  in  section  one  or  any  of 
its  officers  or  agents  to  exercise  any  control  whatsoever  over  the  corporate 
acts  of  such  domestic  company.  No  officer,  agent,  servant  or  employee 
of  such  corporation  shall  prior  to  the  first  day  of  July,  nineteen  hundred 
and  eight,  be  elected  or  appointed  or  serve  or  act  as  an  officer,  agent, 
servant  or  employee  of  such  domestic  railroad  company:  provided,  however, 
that  the  provisions  of  this  section  shall  not  apply  to  any  vote  upon  such 
shares  of  stock  nor  to  any  action  taken  under  the  provisions  of  section 
three  of  this  act;  nor  shall  the  provisions  of  this  section  apply  to  the 
election,  appointment,  service  and  acts  of  any  officer,  agent,  servant  or 
employee  of  any  domestic  railroad  company  that  may  have  been  lawfully 
owned,  leased  or  operated  prior  to  the  first  day  of  May,  nineteen  hundred 
and  seven,  by  such  railroad  corporation  as  is  designated  in  section  one. 
If  at  any  annual  meeting  or  at  any  other  meeting  held  for  the  purpose 
of  electing  officers  less  than  a  majority  of  the  stock  of  such  domestic  rail- 
road company  is  represented,  no  election  of  officers  shall  take  place. 

SECTION  3.  The  presidents,  or  a  majority  of  the  boards  of  directors, 
or  the  holders  of  not  less  than  one  third  in  interest  of  the  capital  stock 
of  two  or  more  railroad  corporations,  may  apply  to  the  board  of  railroad 
commissioners  for  its  determination  as  to  whether  the  consolidation  of 
the  railroads  of  such  corporations  is  consistent  with  the  public  interest. 
If  the  board,  after  public  notice  and  a  hearing,  shall  find  that  such  con- 
solidation is  consistent  with  the  public  interest,  it  shall  report  its  findings 
to  the  general  court,  together  with  drafts  of  a  law  or  laws  to  authorize 
such  consolidation  upon  the  agreement  of  the  corporations  to  be  con- 
solidated, and  after  ratification  by  a  vote  of  not  less  than  two  thirds  in 
interest  of  the  stockholders  in  each,  and  under  terms  and  conditions  which 
will  effectually  prevent  any  decrease  in  the  facilities  for  transportation 
on  the  railroad  of  either  of  such  corporations  or  any  increase  in  the  rates 
for  passengers  or  freight  by  the  said  consolidation,  and  which  will,  in  the 
opinion  of  the  board,  secure  to  the  Commonwealth  adequate  control  over 
the  organization,  conduct,  and  management  of  the  said  corporations  and 
railroads,  and  upon  such  other  terms  and  conditions  as  may  seem  to  the 
board  desirable  and  proper. 

SECTION  4.  In  case  of  any  lease,  purchase  and  sale  or  consolidation 
as  authorized  by  the  foregoing  section,  no  rate,  fare  or  charge  for  trans- 
portation of  passengers  or  property  shall  be  increased,  and  no  facilities 
for  transportation  shall  be  diminished  thereby,  nor  in  connection  there- 
with or  as  a  result  thereof  shall  there  be  any  increase  in  the  aggregate 
outstanding  capital  stock  or  indebtedness  of  the  contracting  companies. 

SECTION  5.  A  railroad  corporation,  upon  the  application  of  any 
shipper  tendering  freight  for  transportation,  shall  construct,  maintain 
and  operate  upon  reasonable  terms  a  switch  connection  or  switch  con- 


PART  I.  —  RAILROADS  AND  STREET  RAILWAYS.  45 

nections  with  a  lateral  line  of  railroad  or  private  side  track  owned,  operated 
or  controlled  by  such  shipper  and  shall,  upon  the  application  of  any  shipper, 
provide  upon  its  own  property  a  side  track  and  switch  connection  with 
its  line  of  railroad,  whenever  such  side  track  and  switch  connection  are 
reasonably  practicable,  can  be  put  in  with  safety,  and  the  business  there- 
for is  sufficient  to  justify  the  same. 

SECTION  6.     If  any  railroad  corporation  shall  fail  to  install  or  operate  Switch 
any  such  switch  connection  with  a  lateral  line  of  railroad  or  any  such  foUuret'o118' 
side  track  and  switch  connection  as  aforesaid,  after  written  application  install,  etc. 
therefor  has  been  made  to  it,  any  person  interested  may  present  the  facts  railed  com- 
to  the  board  of  railroad  commissioners  by  written  petition,  and  the  board  missloners- 
shall  investigate  the  matters  stated  in  such  petition,  and  give  such  hearing 
thereon  as  it  may  deem  necessary  or  proper.     If  the  board  be  of  opinion 
that  it  is  safe  and  practicable  to  have  a  connection,  substantially  as 
prayed  for,  established  or  maintained,  and  that  the  business  to  be  done 
thereon  justifies  the  construction  and  maintenance  thereof,  it  shall  make 
an  order  directing  the  construction  and  establishment  thereof,  specifying 
the  reasonable  compensation  to  be  paid  for  the  construction,  establish- 
ment and  maintenance  thereof,  and  may  in  like  manner  upon  the  applica- 
tion of  the  railroad  corporation  order  the  discontinuance  of  such  switch 
connection. 

SECTION  7.  Section  sixty-seven  of  Part  I  of  chapter  four  hundred  p^f'/f 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended. 
amended,  by  inserting  after  the  word  "companies",  in  the  fourth  line, 
the  words :  —  or  a  contract  that  either  corporation  shall  perform  all  the  approve  con- 
transportation  upon  and  over  the  road  of  the  other,  —  and  by  adding 
at  the  end  thereof  the  words:  —  or  to  contract  with  any  other  railroad 
corporation  or  street  railway  company  that  either  corporation  shall  per- 
form all  the  transportation  upon  and  over  the  road  of  the  other,  —  so 
as  to  read  as  follows:  —  Section  67.  A  lease  or  purchase  and  sale  of  the 
franchise  and  property  of  a  railroad  corporation,  or  street  railway  company, 
and  a  consolidation  of  two  or  more  railroad  corporations,  or  street  railway 
companies,  or  a  contract  that  either  corporation  shall  perform  all  the 
transportation  upon  and  over  the  road  of  the  other,  whether  authorized 
by  general  laws  or  a  special  act,  shall  not  be  valid  or  binding  until  the 
terms  thereof  shall,  after  public  notice  and  a  hearing,  have  been  approved 
by  the  board  of  railroad  commissioners,  and  a  certificate  signed  by  said 
board,  setting  forth  the  vote  of  approval,  shall  have  been  filed  in  the  office 
of  the  secretary  of  the  commonwealth.  Said  board  shall  announce  its 
decision  within  thirty  days  after  the  final  hearing  upon  the  application 
of  any  railroad  corporation  or  street  railway  company  for  permission  to 
lease  or  sell  to,  consolidate  with  or  purchase  the  franchise  and  other 
property  of,  any  other  railroad  corporation  or  street  railway  company, 
or  to  contract  with  any  other  railroad  corporation  or  street  railway 
company  that  either  corporation  shall  perform  all  the  transportation 
upon  and  over  the  road  of  the  other. 

SECTION  8.     Section  two  hundred  and  nine  of  Part  II  of  chapter  four  igoe,  4es, 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  amended?  2°9 
six  is  hereby  amended  by  striking  out  after  the  word  "section",  in  the 
thirteenth  line,  the  words  "two  hundred  and  seven",  and  inserting  in 
place  thereof  the  words:  —  sixty-seven  of  Part  I  of  this  act,  —  so  as  to 
read  as  follows:  —  Section  209.    Two  railroad  corporations,  which  are 
incorporated  under  the  laws  of  this  commonwealth,  and  whose  railroads 
enter  upon  or  connect  with  each  other,  may  contract  that  either  corporation 
shall  perform  all  the  transportation  upon  and  over  the  railroad  of  the 
other;    and  any  such  corporation  may  lease  its  railroad  to  any  other 


46 


PART  I.  —  RAILROADS   AND   STREET   RAILWAYS. 


Penalty. 


Jurisdiction 
to  enforce. 


Not  to  ratify 
previous  acts. 


such  corporation;  but  the  facilities  for  travel  and  business  on  either  of 
the  railroads  of  said  corporations  shall  not  thereby  be  diminished.  Such 
leases  shall  be  upon  such  terms  as  the  directors  agree,  and  as  a  majority 
in  interest  of  the  stockholders  of  both  corporations  at  meetings  called  for 
the  purpose  approve,  subject  to  the  provisions  of  section  sixty-seven  of 
Part  I  of  this  act.  The  income  arising  from  such  contracts  or  leases  shall 
be  subject  to  the  provisions  of  law  relative  to  the  right  of  the  common- 
wealth to  purchase  the  railroads  of  the  railroad  corporations  or  to  reduce 
their  tolls,  in  the  same  manner  as  that  arising  from  the  use  of  the  railroads. 
Copies  of  such  contracts  or  leases  shall  be  deposited  with  the  board  of 
railroad  commissioners,  and  full  statements  of  the  facts  shall  be  set  forth 
in  the  next  annual  return  of  such  corporations.  The  provisions  of  this 
section  shall  not  authorize  a  lease  or  contract  between  two  railroad  corpora- 
tions, each  of  which  has  a  terminus  in  the  city  of  Boston.  The  railroads 
of  two  railroad  corporations  shall  be  considered  to  enter  upon  or  connect 
with  each  other,  within  the  meaning  of  this  section,  if  one  of  such  railroads 
enters  upon,  connects  with,  or  intersects  a  railroad  leased  to  the  other  or 
operated  by  it  under  a  contract  as  herein  authorized. 

SECTION  9.  A  railroad  corporation,  as  hereinbefore  designated,  which 
violates  the  provisions  of  the  first  three  sections  of  this  act,  shall  be 
punished  by  a  fine  of  ten  thousand  dollars  for  each  offence ;  and  any  officer 
or  agent  of  such  railroad  corporation  who  procures,  aids  or  abets  such 
corporation  in  any  violation  of  said  sections,  and  any  partnership,  trustee 
or  other  person  who  procures,  aids  or  abets  in  any  violation  thereof,  shall 
be  punished  by  fine  of  one  thousand  dollars  or  by  imprisonment  for  not 
more  than  one  year  nor  less  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

SECTION  10.  The  supreme  judicial  court  shall  have  jurisdiction  in 
equity  upon  petition  of  the  attorney-general  or  of  any  stockholder  in 
such  domestic  railroad  company  to  compel  the  observance,  and  to  restrain 
any  violation,  of  the  provisions  of  this  act. 

SECTION  11.  Nothing  in  this  act  contained  shall  be  construed  as 
sanctioning  or  ratifying  any  acquisition  heretofore  made  by  any  corpo- 
ration owning,  leasing,  or  operating  a  railroad  in  this  commonwealth, 
or  by  any  person,  association,  trust,  or  corporation  acting  in  its  behalf 
or  controlled  by  it,  of  any  shares  or  a  beneficial  interest  in  any  shares  of 
stock  in  a  domestic  railroad  company. 

SECTION  12.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  28,  1907. 


Repeal.  SECTION  68.     Sections  twenty-one,  twenty-two,  twenty-three, 

twenty-four  and  twenty-five  of  chapter  one  hundred  and  eight 
of  the  Revised  Laws,  sections  eight,  nine,  ten,  eleven,  twelve, 
fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty, 
twenty-one,  twenty-two,  twenty-three,  twenty-four,  twenty-five, 
twenty-six,  twenty-seven,  seventy-five,  seventy-six,  one  hun- 
dred and  thirty-four,  one  hundred  and  thirty-five,  one  hundred 
and  thirty-six,  one  hundred  and  thirty-seven,  one  hundred  and 
thirty-eight,  one  hundred  and  thirty-nine,  one  hundred  and 
forty-nine,  one  hundred  and  fifty,  one  hundred  and  fifty-one, 
one  hundred  and  fifty-two,  one  hundred  and  fifty-three,  one 
hundred  and  fifty-four,  one  hundred  and  fifty-five,  one  hundred 
and  fifty-six,  one  hundred  and  fifty-seven,  one  hundred  and 
fifty-nine,  one  hundred  and  sixty,  one  hundred  and  sixty-nine, 


PART   I.  —  RAILROADS   AND   STREET   RAILWAYS.  47 

two  hundred  and  twenty-three,  two  hundred  and  twenty-four, 
two  hundred  and  fifty-one,  two  hundred  and  sixty,  two  hundred 
and  sixty-two,  two  hundred  and  sixty-three,  two  hundred  and 
sixty-seven  and  two  hundred  and  seventy-eight  of  chapter  one 
hundred  and  eleven  of  the  Revised  Laws,  sections  sixty-three 
and  ninety-four  of  chapter  one  hundred  and  twelve  of  the 
Revised  Laws,  section  nineteen  of  chapter  one  hundred  and 
twenty-five  of  the  Revised  Laws,  chapters  two  hundred  and 
ninety-eight,  four  hundred  and  two,  four  hundred  and  thirty- 
two,  four  hundred  and  forty,  five  hundred  and  seven  and  five 
hundred  and  thirty-three  of  the  acts  of  the  year  nineteen  hun- 
dred and  two;  chapters  one  hundred  and  seventy-three,  two 
hundred  and  ninety-seven  and  four  hundred  and  seventy-eight 
of  the  acts  of  the  year  nineteen  hundred  and  three;  chapters 
ninety-six,  two  hundred  and  sixty-five,  three  hundred  and  fifty- 
seven  and  four  hundred  and  twenty-nine  of  the  acts  of  the 
year  nineteen  hundred  and  four;  chapter  four  hundred  and 
eight  of  the  acts  of  the  year  nineteen  hundred  and  five;  and, 
so  far  only  as  they  apply  to  railroads  or  street  railways  or  to 
railroad  corporations  or  street  railway  companies  or  to  their 
officers,  agents  or  employees,  sections  thirteen,  fourteen,  fifteen, 
sixteen,  seventeen,  eighteen  and  twenty  of  chapter  one  hundred 
and  eight  of  the  Revised  Laws,  sections  seventeen  and  eighteen 
of  chapter  one  hundred  and  twenty-five  of  the  Revised  Laws 
and  section  thirty-nine  of  chapter  one  hundred  and  sixty- 
seven  of  the  Revised  Laws  are  hereby  repealed.  Construction 

o  rr\        mi  •    •  e    j.u-  J?  J.T.  of  provisions, 

SECTION  69.  Ihe  provisions  ot  this  act  so  far  as  they  are  etc. 
the  same  as  these  of  existing  statutes,  shall  be  construed  as  a 
continuation  thereof  and  not  as  new  enactments,  and  a  ref- 
erence in  a  statute  which  has  not  been  repealed  to  provisions 
of  law  which  have  been  wholly  or  partially  revised  and  re- 
enacted  herein  shall  be  constr.ued  as  applying  to  such  provisions  etrcocen^ngs> 
as  incorporated  in  this  act.  The  repeal  of  a  law  by  this  act  affected, 
shall  not  affect  any  act  done,  ratified  or  confirmed,  or  any 
right  accrued  or  established,  or  any  action,  suit  or  proceeding 
commenced  under  any  of  the  laws  repealed  before  the  repeal 
took  effect,  or  any  action,  suit  or  prosecution  pending  at  the 
time  of  the  repeal  for  an  offence  committed,  or  for  the  recovery 
of  a  penalty  or  forfeiture  incurred,  under  any  of  the  laws  re- 
pealed, but  the  proceedings  shall,  when  necessary,  conform  to 
the  provisions  of  this  act.  Any  provision  of  this  act  by  which 
a  punishment,  penalty  or  forfeiture  is  mitigated  may  be  ex- 
tended and  applied  to  any  judgment  pronounced  after  said 
repeal.  Whoever,  when  said  repeal  takes  effect,  holds  an  office 
under  any  of  the  laws  repealed  shall  continue  to  hold  it  accord- 
ing to  the  tenure  thereof  unless  it  is  abolished  or  unless  a  dif- 
ferent provision  relative  thereto  is  made  by  this  act. 


48 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


PART  II. 
OF   RAILROAD   CORPORATIONS. 


SECTION 

1-2.  Matters  of  construction. 
3-5.  Corporations   subject    to   the 

provisions  of  the  chapter. 
6-7.  Rights  reserved  by  the  com- 
monwealth. 
8-12.  Special  charters. 
13-28.  Incorporation    under    general 

laws. 

29-30.  Organization. 
31-32.  Officers. 
33-39.  Meetings. 
40-47.  Capital  stock. 
48-56.  Bonds  and  mortgages. 
57-62.  Taking  securities  of  other  cor- 
porations. 

63-64.  Stock  and  scrip  dividends. 
65-70.  Issue  of  capital  stock,  bonds, 
coupon  notes  and  other  evi- 
dences of  indebtedness. 
71-125.  Location  and  construction  of 

railroad. 

(a).  Conditions  precedent  (71-72). 
(6).  Laying  out  railroad  (73-81). 
(c).  Taking     land     and    damages 

therefor  (82-100). 
(d).  Embankments,     fences,     etc. 

(101-104). 

(e).  Crossings  (105-125). 
126.  Branches  and   extensions. 
127-128.  Opening  the  railroad  for  use. 


SECTION 

129-204.  Equipment  and   operation, 
(a).  Drawbridges  (129-136). 
(6).  Stations  (137-140). 
(c).  Switches,  bridge  guards,  etc. 

(141-143). 
(d).  Signals,      etc.,     at     crossings 

(144-156). 
(e).  Equipment    of    engines    and 

cars  (157-180). 

(/).  Fares,     tolls,     charges,     etc. 
(181-183).  v 

(g).  Transportation  of  passengers 

(184-191). 
(h).  Transportation  of  mails  (192- 

194). 

(i).  Transportation    of    merchan- 
dise (195-201). 
0").  Transportation  of  milk  (202- 

204). 

205-210.  Connecting  railroads. 
211-217.  Taxation. 

218-222.  Liens  for  labor  and  materials. 
223-225.  Change  of  name. 
226-231.   Dissolution. 
232-241.  Offences  and  penalties. 
242-247.  Accidents. 
248-250.  Books  and  returns. 
251-252.  Railroads  for  private  use. 
253-257.  Corporations  to  construct  rail- 
roads in  foreign  countries. 


Definitions. 
1874,  372,  §  2. 
P.  S.  112,  §  1. 
1892,  110. 
1898,  578,  §  1. 
1901,  503. 
R.  L.  Ill,  §  1. 


Application  to 
certain  matters 
arising  in 
Boston. 
1874,  372,  §  5. 
1881,91,  §  1. 
P.  S.  112,  §  2. 
1885,  194,  §  2. 
R.  L.  111.  §  2. 


MATTERS  OF  CONSTRUCTION. 

SECTION  1.     In  this  act  unless  the  context  otherwise  requires: 

"Railroad  and  railways"  means  all  railroads  and  railways 
except  tramways  in  mines  and  marine  railways. 

"Railroad"  means  a  railroad  or  railway  of  the  class  usually 
operated  by  steam  power. 

"Railroad  corporation"  means  the  corporation  which  lays 
out,  constructs,  maintains  or  operates  a  railroad  of  the  class 
usually  operated  by  steam  power. 

"Board  of  aldermen"  or  "selectmen"  includes  the  board  or 
other  authority  exercising  the  powers  of  a  board  of  aldermen  or 
of  selectmen;  but  nothing  herein  shall  be  construed  as  affecting 
the  veto  power  of  a  mayor  of  any  city. 

"Public  way"  means  any  way  laid  out  by  public  authority. 

SECTION  2.  The  duties  imposed  by  the  provisions  of  this  act 
upon  county  commissioners  as  a  tribunal  of  original  jurisdiction 
relative  to  the  fixing  of  routes  or  to  the  location,  construction, 
maintenance  and  operation  of  railroads  shall,  in  the  city  of  Bos- 
ton, unless  it  is  otherwise  expressly  provided,  devolve  upon  the 
board  of  aldermen  of  said  city.  When,  in  cases  arising  in  said 
city,  a  jury  is  required,  application  therefor  shall  be  made  to 
the  superior  court  in  the  manner  prescribed  in  section  ninety 
of  chapter  forty-eight  of  the  Revised  Laws,  and  duties  imposed 


PART   II. 


OF   RAILROAD   CORPORATIONS.  49 


upon  the  county  commissioners  by  reference  or  appeal  from  the 
board  of  aldermen  of  other  cities  shall  devolve  upon  the  board 
of  railroad  commissioners. 

Revised  Laws,  Chapter  48,  §  90. 

SECTION  90.    The  damages  sustained  in  any  case  described  in  the  Application 
preceding  section  shall  be  paid  by  the  city  of  Boston,  and  said  city  or  luUrwr  court, 
any  party  interested  may,  within  the  time  specified  for  a  like  purpose  Vi|Y'iog 
in  section  twenty-eight,  file  a  petition  for  a  jury  in  the  superior  court  R.  s.'  24,  §  55.' 
for  the  county  of  Suffolk,  and  thereupon,  after  such  notice  as  the  court  Q84|;  43^  79 
shall  order,  a  trial  shall  be  had  in  said  court,  in  the  same  manner  as  other  isVo,  75,  §  2. 
civil  cases  are  there  tried  by  jury  and,  on  request  of  either  party,  the  p.  s.' 49,' §  86. 
jury  shall  take  a  view.  {fjf;  f?J;  §  3 

2  Met.  225.  3  Allen,  538.  183  Mass.  421.  20  Pick.  201. 

12  Gray,  209.  99  Mass.  236.  197  Mass.  412. 

14  Gray,  214.  106  Mass.  553.  See  1906,  214,  2S8,  393. 

SECTION  3.     Railroad  corporations  which  have  been  hereto-  Corporations 
fore  established  in  this  commonwealth  shall  be  subject  to  the  chapter.101 
provisions  of  Parts  I  and  II;  which,  so  far  as  inconsistent  with  aiillifi5' 
charters  granted  since  the  eleventh  day  of  March  in  the  year  p87g ' f/l1 1|- 
eighteen    hundred  and  thirty-one,    shall  be  an   alteration  and 
amendment  thereof;  but  the  provisions  of  this  section  shall  not 
impair  the  validity  of  any  special  power  heretofore  conferred 
by  charter  or  other  special  act  upon  a  particular  railroad  cor- 
poration which  had  exercised  such  power  before  the  first  day  of 
February   in  the  year   eighteen   hundred  and  seventy-five,   or 
prevent  the  continued  exercise  thereof  conformably,  so  far  as 
may  be,  to  the  provisions  of  this  act. 

SECTION  4.     A  railroad  corporation  chartered  by  the  concur — chartered 
rent  legislation  of  this  and  other  states  shall,  as  regards  any  le^shTtio"6111 
portion  of  its  railroad  lying  within  this  commonwealth,  be  en-  §8i69.372> 
titled  to  all  the  benefits  and  be  subject  to  all  the  liabilities  of  R.  t.ViVlli. 
the  railroad  corporations  of  this  commonwealth. 

SECTION  5.     If  a  railroad  which  has  been  laid  out  and  con — or  trustees 
structed  by  one  corporation  is  lawfully  maintained  and  operated  °S  of gother 
by  another  corporation,  the  latter  corporation  shall  be  subject  i874?r372°n§83. 
to  the  provisions  of  this  act  respecting  or  arising  from  the  main-  R  L.Vn,  §5. 
tenance  and  operation  of  such  railroad,  as  if  such  railroad  had  {74  j^ass' 379' 
been  laid  out  and  constructed  by  it.     If  a  railroad  is  lawfully 
maintained  and  operated  by  trustees,  they  shall  in  like  manner 
be  subject  to  the  provisions  of  law  respecting  or  arising  from  the 
maintenance  and  operation  of  such  railroad  which  apply  to  the 
corporation  for  whose  stockholders  or  creditors  they  are  trus- 
tees. 

EIGHTS   RESERVED   BY  THE   COMMONWEALTH. 

SECTION  6.     The  provisions  of  this  act  shall  not  impair  the  Rights  re- 
rights  of  the  commonwealth  as  asserted  or  reserved  in  previous  monweaith00™ 
statutes,  and  the  commonwealth  may,  at  any  time  during  the  Q]  I.  o!',  |  its. 
continuance  of  the  charter  of  a  railroad  corporation  after  the  Jf^  f^  •  * 
expiration  of  twenty  years  from  the  opening  of  its  railroad  for  |§  l^80' 
use,  purchase  of  the  corporation  its  railroad  and  all  its  fran-  §§e,  7. 


50 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


R.  L.  Ill,  §  6. 
See  1910,  187; 
1912,  725. 


Common- 
wealth may 
take  railroad. 
1870,  325,  §  2. 
1874,  372, 
§181. 

P.  8.  112,  §  8. 
R.  L.  Ill,  §7. 


[For  R.  L.  48, 

§  90,  see 
page  49.] 


Petition  for 
charter  to  be 
accompanied 
by  report  of 
engineer, 
map,  etc. 
1833,  176. 
R.  8.  39,  §  46. 

1848,  327,  §  1. 

1849,  131,  §  2. 
G.  8.  63,  §  13. 
P.  S.  112,  §  29. 
R.  L.  Ill,  §30. 


chise,  property,  rights  and  privileges  by  paying  therefor  such 
amount  as  will  reimburse  to  it  the  amount  of  capital  paid  in, 
with  a  net  profit  thereon  of  ten  per  cent  a  year  from  the  time 
of  the  payment  thereof  by  the  stockholders  to  the  time  of  the 
purchase. 

SECTION  7.  The  commonwealth  may,  at  any  time  after  one 
year's  notice  in  writing  to  a  railroad  corporation,  take  and  pos- 
sess its  railroad,  franchise  and  other  property;  and  shall  pay 
therefor  such  compensation  as  may  be  awarded  by  three  com- 
missioners, who  shall  be  appointed  by  the  supreme  judicial 
court,  who  shall  be  sworn  to  appraise  the  same  justly  and  fairly, 
and  who  shall  estimate  and  determine  all  damages  sustained  by 
it  by  such  taking.  A  corporation  which  is  aggrieved  by  their 
determination  may  have  its  damages  assessed  by  a  jury  in  the 
superior  court  for  the  county  of  Suffolk,  in  the  manner  pro- 
vided in  section  ninety  of  chapter  forty-eight  of  the  Revised 
Laws. 

SPECIAL   CHARTERS. 

SECTION  8.  A  petition  to  the  general  court  for  a  charter  for 
a  railroad  corporation  shall  not  be  acted  upon,  unless  it  is  ac- 
companied by  a  map  of  the  route  on  an  appropriate  scale,  with 
a  profile  thereof  on  a  vertical  scale  of  ten  to  one  as  compared 
with  the  horizontal  scale,  and  by  the  report  of  a  competent  en- 
gineer, based  on  actual  examination  and  survey,  showing  the 
kind  and  amount  of  excavation,  filling,  bridging  and  masonry 
required,  the  grades,  the  number  of  highways  and  of  other  rail- 
roads, and  of  navigable  streams  and  tide  waters,  to  be  crossed, 
and  the  manner  of  crossing  the  same,  the  general  profile  of  the 
surface  of  the  country  through  which  the  railroad  is  to  pass,  the 
feasibility  of  the  route,  the  manner  of  constructing  the  railroad, 
and  a  detailed  estimate  of  the  cost  of  construction. 


Nptice  of  cer- 
tain petitions 
to  be  pub- 
lished. 

1831,  43,  §  1. 

1832,  59. 

R.  8.  2,  §§7,  8. 
1857,  261. 
§§  1-4. 
G.  8.  2, 
§§8-11. 
1871,  381,  §  11. 
P.  S.  2,  §§  5-8. 
1885,  24,  5  1. 
1890,  302. 
114  Mass.  592, 
599,  600. 


Deposit  of 
petitions. 
1857,  261,  §  5. 
G.  S.  2,  §  12. 
1862,  91,  §  3. 
P.  S.  2, 
§§  9-14. 


PETITIONS   TO   THE   GENERAL   COURT. 
Revised  Laws,  Chapter  3,  §§5,  7. 

SECTION  5.  Whoever  intends  to  present  to  the  general  court  a  peti- 
tion for  the  incorporation  of  a  city  or  town,  for  the  division  of  an  existing 
city  or  town,  for  the  incorporation  of  a  railroad,  street  railway,  elevated 
railroad  or  canal  company  or  for  the  amendment,  alteration  or  extension 
of  the  charter  or  corporate  powers  or  privileges  of  any  such  company, 
whether  specially  incorporated  or  organized  under  general  laws,  or  for 
authority  to  take  water  for  a  water  supply,  or  relative  to  building  structures 
over  navigable  or  tide  waters,  shall  give  notice  of  such  petition  by  pub- 
lishing a  copy  thereof  once  in  each  of  three  successive  weeks  in  such  news- 
paper or  newspapers  as  the  secretary  of  the  commonwealth,  having  regard 
to  the  locality  of  the  interests  involved  in  such  petition,  shall  direct;  the 
last  publication  to  be  made  at  least  fourteen  days  before  the  session  at 
which  the  petition  is  to  be  presented. 

SECTION  7.  On  or  before  the  first  day  of  January,  a  petition  described 
in  section  five  shall  be  deposited  in  the  office  of  the  secretary  of  the 
commonwealth  and  a  petition  described  in  section  six  shall  be  deposited 
in  the  office  of  the  secretary  of  the  board  of  education,  with  proof  of 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  51 

publication  satisfactory  to  the  secretary  with  whom  it  is  so  deposited,  iffg'Hi^ 
and  he  shall  transmit  it  to  the  general  court  during  the  first  week  of  the  [#  Op.  A.'G. 
session  with  an  endorsement  that  the  required  publication  has  been  made,  fff^  Jt81>  §  2. 

SECTION  9.     Plans  and  profiles  which  may  be  presented  to  a  Plans,  etc..  to 
committee  of  the  general  court  in  the  hearing  of  a  petition  for  »tat«8brary. 
such  a  charter  shall  be  deposited  by  it  in  the  state  library,        G84f ;  6f°j  14 
p.  s.  112,  §30.  R.  L.  111.  §31. 

SECTION  10.     Such  petition  shall  not  be  acted  upon,  until  ^beacted* 
notice  thereof  has  been  published  according  to  law,  designating  uP°.n  until 
the  route  with  such  certainty  as  to  give  reasonable  notice  to  all  isss,  176.' 

"R    S    *^Q    &  4-7 

persons  interested  therein  that  their  rights  may  be  affected  by  G!  s!  63,'  §  15. 
the  granting  of  the  petition,  and  that  they  may  have  an  oppor-  R.  |'.  in',  1 32! 
tunity  to  appear  and  object  thereto. 

SECTION  11.     Every  charter  shall  confine  the  railroad  within  Railroad  to  be 
the  limits  indicated  by  the  notice  required  in  the  preceding  sec-  •periled, 
tion,  shall  specify  the  several  cities  and  towns  through  which  §!  i;  Is.'  f  il'. 
the  railroad  may  pass,  and  shall  otherwise  designate  the  route  ^  |;  J}f;  |  jjf- 
thereof  with  as  much  certainty  as  the  nature  of  the  case  will 
admit. 

SECTION  12.     The  route  of  the  railroad  of  a  corporation  es-  chartered 
tablished  by  special  charter,  and  of  its  branches  and  extensions,  located,  etc., 
shall  be  fixed  according  to  the  provisions  of  sections  twenty  and  chapter1"8 
twenty-one  except  so  far  as  they  may  have  been  fixed  by  special  P87|'  ^|  |  ijjj- 
statute:  and  such  railroad,   branches   and  extensions  shall  be  1882. 265,  §  3 

.  ,.  .    .  <•      i  •  R.  L.  Ill,  §  34. 

located  and  constructed  according  to  the  provisions  or  this  act 
regulating  the  location  and  construction  of  railroads  by  cor- 
porations incorporated  under  general  laws,  except  that  section 
eighteen  shall  not  apply,  if  authority  so  to  locate  and  construct 
has  been  granted  by  special  act  of  the  general  court. 

INCORPORATION   UNDER   GENERAL   LAWS. 

Formation. 

SECTION  13.  Fifteen  or  more  persons  may  associate  them-  incorporation 
selves  by  a  written  agreement  of  association  writh  the  intention  corporations. 
of  forming  a  raiload  corporation.  is™',  372* $19. 

P.  S.  112,  §  34.  R.  L.  Ill,  §  35.  124  Mass.  368.  201  Mass.  679. 

SECTION  14.     The  agreement  of  association  shall  state:—       Agreement  of 
(a)  That  the  subscribers  thereto  associate  themselves  with  corporate  ' 
the  intention  of  forming  a  railroad  corporation.  3rsu»,i*. 

(6)  The  corporate  name  assumed,  which  shall  be  one  not  in  §82o.' 298: 372> 
use  by  any  other  railroad  corporation  in  this  commonwealth,  or,  p87|;  ^|- 1 1-5 
in  the  judgment  of  the  board  of  railroad  commissioners,  so  g- L.  m,  §  36. 

•       *ii  i         i-i      i  i  •  f          •  t        i  •    t_    **•**•  !"">  *  °- 

similar  thereto  as  to  be  likely  to  be  mistaken  tor  it,  and  which 
shall  contain  the  words,  "railroad  corporation",  at  the  end 
thereof. 

(c)  The  termini  of  the  railroad. 

(d)  The  length  of  the  railroad,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  in  which  the 
railroad  is  to  be  located. 


52 


PART  II.  —  OF  RAILROAD   CORPORATIONS. 


Associates' 
authority. 
1872,  53, 
§§3,4. 
1874,  372,  { 
P.  8.  112, 
R.  L.  Ill, 


Publication  of 
agreement 
of  association. 
1872.  53,  §  5. 
1874,  372,  §  22. 
P.  S.  112,  §  37. 
R.  L.  Ill,  §  38. 


Map  of  route, 
report  of 
engineer  and 
estimates. 
1872,  53,  §  6; 
180,  §  3. 
1874,  372,  §  23. 
P.  S.  112,  §  38, 
R.  L.  Ill,  §39. 
124  Mass.  375. 


(/)  The  gauge  of  the  railroad,  which  shall  be  either  four  feet 
eight  and  one  half  inches,  or  three  feet. 

(g)  The  total  amount  of  the  capital  stock  of  the  corporation, 
which  shall  be  not  less  than  ten  thousand  dollars  for  each  mile,  if 
the  gauge  is  four  feet  eight  and  one  half  inches,  and  not  less  than 
five  thousand  dollars  for  each  mile,  if  the  gauge  is  three  feet. 

(h)  The  par  value  of  the  shares,  which  shall  be  one  hundred 
dollars. 

(i)  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take;  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription  unless  a  corporation  is  incorporated. 

SECTION  15.  The  associates  may  from  time  to  time,  at  a 
meeting  called  for  the  purpose,  reduce  the  amount  of  the  capital 
stock,  but  not  below  the  limit  prescribed  in  the  preceding  sec- 
tion; and  they  may,  in  like  manner,  change  the  gauge  of  their 
railroad  to  the  other  gauge  allowed  by  said  section.  The  direc- 
tors shall  appoint  a  clerk  and  a  treasurer,  who  shall  hold  their 
respective  offices  until  a  clerk  and  a  treasurer  of  the  corporation 
are  chosen  and  qualified  in  their  stead.  The  directors  shall  fill 
any  vacancy  in  their  board,  or  in  the  office  of  clerk  or  treasurer, 
before  the  organization  of  the  corporation. 

SECTION  16.  The  directors,  before  fixing  the  route  of  the 
railroad  as  hereinafter  provided,  shall  cause  a  copy  of  the  agree- 
ment of  association  to  be  published  in  a  newspaper,  if  any,  pub- 
lished in  each  of  the  cities  and  towns  in  which  the  railroad  is  to 
be  located,  and  if,  in  any  county,  a  newspaper  is  published  in 
none  of  said  cities  and  towns  therein,  in  such  newspaper  pub- 
lished in  said  county  as  shall  be  designated  by  the  board  of 
railroad  commissioners,  at  least  once  in  each  of  three  successive 
weeks;  and,  three  weeks  before  fixing  said  route,  shall  also  cause 
a  copy  of  said  agreement  to  be  posted  in  two  or  more  public 
places  in  each  of  said  cities  and  towns  in  which  said  railroad  is 
to  be  located;  and  the  sworn  certificate  of  the  clerk  shall  be  con- 
clusive evidence  of  such  publication  and  posting. 

SECTION  17.  The  directors  shall  prepare  a  map  of  the  route 
on  an  appropriate  scale,  with  a  profile  thereof  on  a  vertical 
scale  of  ten  to  one  as  compared  with  the  horizontal  scale,  and 
shall  procure  the  report  of  a  competent  engineer,  based  on 
actual  examination  and  survey,  showing  the  kind  and  amount 
of  excavation,  filling,  bridging  and  masonry  required,  the  grades, 
the  number  of  highways  and  of  other  railroads,  and  of  navi- 
gable streams  and  tide  waters,  to  be  crossed,  and  the  manner  of 
crossing  the  same,  the  general  profile  of  the  surface  of  the 
country  through  which  the  railroad  is  to  pass,  the  feasibility 
of  the  route,  the  manner  of  constructing  the  railroad,  and  a  de- 
tailed estimate  of  the  cost  of  construction. 


PART  II.  —  OF  RAILROAD  CORPORATIONS.  53 

SECTION  18.     After  compliance  with  the  provisions  of  sec-  Certificate 
tions  thirteen  to  sixteen,  inclusive,  and  within  thirty  days  after  convenience 
the  first  publication  of  notice  of  the  agreement  of  association  Erigency881**' 
therein  required,  the  directors  therein  named  shall  apply  to  the  J88^  f^>  |  £5 
board  of  railroad  commissioners  for  a  certificate  that  public  con- 
venience and  necessity  require  the  construction  of  a  railroad  as 
proposed  in  such  agreement.     If  said  board  refuses  to  issue  such 
certificate,  no  further  proceedings  shall  be  had,  but  the  applica- 
tion may  be  renewed  after  one  year  from  the  date  of  such  re- 
fusal. 

SECTION  19.     The  directors  shall  submit  said  map  and  report  submission  of 
to  the  board  of  aldermen  of  every  city  and  to  the  selectmen  of  bowdof  aider- 
every  town  named  in  the  agreement  of  association,  who  shall  uff^tsi,  12. 
thereupon  appoint  a  time  and  place  for  a  hearing,  of  which  p87|'  \\%  1  §£• 
notice  shall  be  given  by  publication  in  a  newspaper  published  R-  L-  in-  §  41- 
in  said  city  or  town,  or  if  none  is  published  therein,  in  such 
newspaper  published  in  the  county  in  which  said  city  or  town 
is  situated  as  shall  be  designated  by  the  board  of  railroad  com- 
missioners, at  least  once  in  each  of  two  successive  weeks,  the 
last  publication  to  be  at  least  two  days  before  the  hearing;  and 
by  posting  copies  -of  said  notice  in  two  or  more  public  places  in 
said  city  or  town  at  least  two  weeks  before  such  hearing. 

SECTION  20.     If  the  board  of  aldermen  of  a  city  or  the  select-  Route  may  be 

»  i     •  i  t>  •       •  f          agreed  upon. 

men  ot  a  town  named  in  the  agreement  or  association,  after  1372,  53,  §  7; 
such  notice,  exhibition  of  the  map  and  the  hearing,  agree  with  1874,  372,  §  25. 
the  directors  as  to  the  said  route  or  as  to  any  route  of  the  rail-  R.  L.  nil  f  42.' 
road  in  said  city  or  town,  they  shall  in  such  agreement  fix  the  124  Mass-  376- 
route,  and  sign  and  give  to  the  directors  a  certificate  setting  it 
forth. 

SECTION  21.     If  they  fail  so  to  agree,  the  directors  may  peti  —  maybe 
tion  the  board  of  railroad  commissioners  to  fix  the  route  in  said  board  of 
city  or  town;  and  said  board,  after  notice  to  said  board  of  al- 
dermen  or  selectmen,  shall  hear  the  parties,  and  fix  the  route  in  1^72^3,  §  8- 
such  city  or  town,  and  make  a  certificate  setting  forth  the  route  J8^  $£2  §  26 
as  fixed  by  it,  which  shall  be  certified  by  its  clerk  to  the  direc-  P-  s.'  112',  §  41. 
tors.     The  costs  of  the  petition  shall  be  paid  by  the  directors.  124  Mass.'  376.' 
All  variations  from  the  route  first  proposed  shall  be  made  upon 
the  map. 

SECTION  22.     The  route  fixed  under  the  provisions  of  the  two  spurs  and 
preceding  sections  may  include  such  spurs,  branches  and  con-  ^mffigi,  §  3. 
necting  and  terminal  tracks  in  any  city  or  town  as  may  be  nee-  P87|'  ^7|  |  ^7, 
essary  to  enable  the  corporation  conveniently  to  collect  and  ^A,111'!-!4* 

,,.  if-    i          i          •         i  11  124  Mass.  376. 

deliver  passengers  and  freight  therein;  but  no  such  branches, 
spurs  or  connecting  or  terminal  tracks  shall  be  laid  longitudi- 
nally within  the  limits  of  a  public  way  without  the  consent  of 
the  board  of  aldermen  or  the  selectmen,  who,  in  giving  such 
consent,  may  impose  such  conditions  as  to  the  location,  con- 
struction and  use  thereof  as  may  be  agreed  upon  between  them- 
selves and  the  directors.  A  corporation  which  owns  or  operates 
any  such  tracks  so  laid  longitudinally  in  a  public  way  shall,  in 
respect  to  the  same,  be  liable  to  the  city  or  town  for  all  loss  or 


missToners°m~ 


54 


PART   II.  —  OF   RAILROAD    CORPORATIONS. 


damage  caused  to  it  by  the  construction  and  use  of  such  tracks 
and  by  the  negligence  or  default  of  the  agents  or  workmen  of 
such  corporation  on  such  way. 

SECTION  23.  When  the  amount  of  capital  stock  named  in  the 
deposited ^ith  agreement  of  association  has  been  subscribed  in  good  faith  by 
board  of  responsible  persons,  and  ten  per  cent  of  the  par  value  of  each 

railroad  com-         111  n  •  i    •  i  IT 

missioners.        share  has  been  actually  paid  m  cash  to  the  treasurer,  the  direc- 
il?4;  372, 1 28.  tors,  clerk  and  treasurer  shall  annex  to  the  agreement  of  associa- 
R.  L.  in!  §  45!  tion  their  certificate  setting  forth  these  facts,  and  that  it  is  in- 
tended in  good  faith  to  locate,  construct,  maintain  and  operate 
the  railroad  upon  the  route  fixed,  shall  also  annex  to  said  agree- 
ment the  certificate  of  publication  specified  in  section  sixteen, 
and  the  several  certificates  fixing  the  route,  shall  present  the 
same  for  inspection  to  the  board  of  railroad  commissioners,  and 
shall  at  the  same  time  deposit  in  the  office  of  said  board  the 
report  of  the  engineer  and  the  map. 

TOer^ln^e°f         SECTION  24.     When  it  is   shown  to  the    satisfaction  of  the 
Filing  board  of  railroad  commissioners  that  the  requirements  of  this 

Certificate  of          ,  ,.      .  ,  .  „  .,  . 

incorporation,  chapter  preliminary  to  the  incorporation  of  a  railroad  corpora- 
1874,'  372, 8  29.  tion  have  been  complied  with,  and  that  an  amount  sufficient  in 
P88s.'  112,  §  44.  its  judgment  to  pay  all  damages  immediate  or  consequential 
R.  L.  111,  i  46.  wnicn  may  be  occasioned  by  laying  out,  making  and  maintain- 
ing the  railroad,  or  by  taking  any  land  or  materials  therefor, 
has  in  good  faith  been  paid  in  cash  to  the  treasurer,  and  when 
said  board  is  satisfied  by  a  bond,  or  such  other  assurance  of 
good  faith  as  it  may  consider  necessary  and  require,  that  said 
amount  will  remain  in  the  hands  of  said  treasurer  until  it  is 
drawn  out  for  the  lawful  expenditures  of  the  corporation,  the 
clerk  of  said  board,  upon  its  order,  shall  annex  to  the  agreement 
of  association  a  certificate  stating  that  such  requirements  have 
been  complied  with.  The  directors  shall  thereupon  file  the 
agreement  of  association,  with  all  the  certificates  annexed  there- 
to, in  the  office  of  the  secretary  of  the  commonwealth;  who, 
upon  the  payment  to  him  of  a  fee  of  fifty  dollars,  shall  receive 
and  preserve  the  same  in  form  convenient  for  reference  and 
open  to  public  inspection,  and  shall  thereupon  issue  a  certificate 
of  incorporation  substantially  in  the  following  form :  — 

COMMONWEALTH  OF  MASSACHUSETTS. 

certificate  ^e  ^  known  that  whereas  [names  of  the  subscribers  to  the  agreement 

of  association]  have  associated  themselves  with  the  intention  of  forming 
a  corporation  under  the  name  of  the  [name  of  the  corporation],  for  the 
puroose  of  locating,  constructing,  maintaining  and  operating  a  railroad 
[description  of  the  railroad  as  in  the  agreement  of  association],  and  have 
complied  with  the  statutes  of  this  commonwealth  in  such  cases  made 
and  provided:  Now,  therefore,  I  secretary 

of  the  commonwealth  of  Massachusetts,  do  hereby  certify  that  the 
persons  aforesaid,  their  associates  and  successors,  are  legally  established 
as  a  corporation  under  the  name  of  the  [name  of  the  corporation],  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties,  liabilities 
and  restrictions,  set  forth  in  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  railroad  corporations. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  55 

In  witness  whereof,  I  have  hereunto  subscribed  my  official  signature, 
and  affixed  the  Great  Seal  of  said  commonwealth,  this  day 

of  ,  in  the  year  [day,  month  and  year.] 

The  secretary  of  the  commonwealth  shall  sign  the  certificate  Certificate  to 
of  incorporation,  and  cause  the  Great  Seal  of  the  commonwealth  b< 
to  be  thereto  affixed,  and  such  certificate  shall  have  the  force 
and  effect  of  a  special  charter.     The  secretary  of  the  common- 
wealth shall  also  cause  a  record  of  the  certificate  of  incorpora- 
tion to  be  made,  and  such  certificate,  or  such  record,  or  a  certi- 
fied copy  thereof,  shall  be  conclusive  evidence  of  the  existence 
of  such  corporation. 

SECTION  25.     If  the  capital  stock  fixed  in  the  agreement  of  reduction8^ 
association  is  found  to  be  insufficient  for  the  construction  and  S»Pintai£to<*;. 

P      i  M  i        i  .  •  11     i    1872, 53,  §  15. 

equipment  or  the  railroad,  the  corporation  at  a  meeting  called  ISTS,  121, 11. 
for  the  purpose  may,  subject  to  the  provisions  of  section  sixty-  R.  L.  m!§48! 
five,  increase  the  same,  from  time  to  time,  to  the  amount  neces- 
sary for  those  purposes.     It  may,  at  a  meeting  called  for  the 
purpose,  reduce  the  amount  of  the  capital  stock,  but  not  below 
the  limit  prescribed  in  section  fourteen.     It  may,  also,  in  like  Change  of 
manner,  change  the  gauge  to  the  other  authorized  gauge;  but  a  faatedere 
corporation  organized  to  construct  its  railroad  on  a  gauge  of  1879>  156' 
three  feet  shall  not  change  such  gauge  to  four  feet  eight  and  one 
half  inches  without  complying  with  all  provisions  of  law  rela- 
tive to  the  capital  stock  of  railroads  of  the  broad  gauge;  and 
the  fact  that  such  provisions  have  been  complied  with  shall  be 
shown  to  the  satisfaction  of  the  board  of  railroad  commissioners, 
and  indorsed  by  its  clerk  upon  the  certificate  of  such  change  of 
gauge  before  it  is  filed  in  the  office  of  the  secretary  of  the  com- 
monwealth.    A  certificate  of  the  increase  or  reduction  of  capital 
or  change  of  gauge  shall,  within  thirty  days  thereafter,  be  filed 
in  the  office  of  the  secretary  of  the  commonwealth. 

SECTION  26.    The  agreement  of  association,  and  all  proceed-  Proceedings 
ings  thereunder,  including  the  fixing  of  the  route,  shall  be  void,  1882, 265,  §  2._ 
unless  the  certificate  of  incorporation  is  issued  within  one  year 
after  the  time  the  route  is  fixed  as  provided  in  section  twenty 
or  twenty-one. 

SECTION  27.     If  a  corporation  does  not  begin  the  construe-  Limit^of  time 
tion  of  its  railroad  and  expend  thereon  at  least  ten  per  cent  of  ftmof ntt- 
the  amount  of  its  original  capital  stock  within  two  years  after  1872',  53,  §  10. 
the  date  of  its  certificate  of  incorporation,  and  does  not  com-  ^;  |'.  lif;  |  ts. 
plete  and  open  its  railroad  for  use  within  four  years  after  said 
date,  its  corporate  powers  and  existence  shall  cease. 

SECTION  28.     A  corporation  which  has  a  railroad  of  the  gauge  Capital  stock 
of  three  feet  shall  not  begin  running  its  trains,  until  its  paid-up  gaugcTraii- 
capital  stock  is  equal  to  one  half  of  its  cost,  including  equip-  i8749'298 
merit  P-  s'  11 2.  §45. 

melu"  R.  L.  Ill,  §  48. 

ORGANIZATION. 

SECTION  29.     Upon  the  issue  of  such  certificate  of  incorpora-  First  meeting 
tion,  the  first  meeting  of  the  incorporators  shall  be  called  by  a  torsncc 
notice  signed  by  a  majority  of  the  directors;  and  such  notice  55  Js/u.' 


56 


PART   II.  —  OP   RAILROAD  CORPORATIONS. 


R'  L"  111'  I  Is'  S^a^  state  the  time,  place  and  purposes  of  the  meeting.     A  copy 
See  1903, 437, '  of  such  notice  shall,  seven  days  at  least  before  the  day  ap- 
pointed for  the  meeting,  be  given  to  each  incorporator  or  left 
at  his  residence  or  usual  place  of  business,  or  deposited  in  the 
post  office,  postage  prepaid,  and  addressed  to  him  at  his  resi- 
dence or  usual  place  of  business,  and  another  copy  thereof,  and 
an  affidavit  of  the  clerk  that  the  notice  has  been  duly  served, 
shall  be  recorded  with  the  records  of  the  corporation.     If  all 
of  the  incorporators  shall  in  writing  waive  such  notice,  and  fix 
the  time  and  place  of  the  meeting,  no  notice  shall  be  required. 
?8rfi,mS°n'         SECTION  30.     At  such  first  meeting,  or  at  any  adjournment 
G§  s  ei  §  s      thereof,  the  incorporators  shall  organize  by  the  adoption  of  by- 
i87o,  224,  §  10.  laws,  and  by  the  election,  by  ballot,  of  not  less  than  five  direc- 
R'.  L.  no,'  §  19!  tors.     The  clerk  appointed  by  the  directors  under  section  fifteen 
§To.  shall  make  and  attest  a  record  of  the  proceedings  until  the  clerk 

has  been  chosen  and  sworn,  including  a  record  of  such  choice 
and  qualification. 

OFFICERS. 

Rffiiceriio  §  22  SECTION  31.  The  business  of  every  corporation  shall  be  man- 
sZefi  031'4378'  aSe(i  anc^  conducted  by  a  president,  a  board  of  not  less  than  five 
§ei7.  directors,  a  clerk,  a  treasurer  and  such  other  officers  and  such 

agents  as  the  corporation  by  its  by-laws  shall  authorize. 
^ectkm  of  SECTION  32.     The  directors  shall  be  elected  annually  by  the 

R.L.I  10,  stockholders  by  ballot,  and  the  president  shall  be  elected  annu- 
R.  L.'iii,  §  ss.  ally  by  and  from  the  board  of  directors,  and  the  treasurer  and 
§eis.  '  the  clerk  annually  by  said  board.  Every  director,  unless  the 

by-laws  otherwise  provide,  shall  be  a  stockholder.  The  treas- 
urer may  be  required  to  give  a  bond  for  the  faithful  perform- 
ance of  his  duty  in  such  sum  and  with  such  sureties  as  the  by- 
laws may  prescribe.  The  clerk,  who  shall  be  a  resident  of  this 
commonwealth,  shall  be  sworn,  and  shall  record  all  votes  of  the 
corporation  in  a  book  to  be  kept  for  that  purpose.  The  officers 
of  a  corporation  shall  hold  office  for  one  year  and  until  their 
successors  are  chosen  and  qualified.  The  manner  of  choosing 
or  of  appointing  all  other  agents  and  officers  and  of  filling  all 
vacancies  shall  be  prescribed  by  the  by-laws,  and,  in  default  of 
provision  by  such  by-laws,  vacancies  may  be  filled  by  the  board 
of  directors. 

Ada  of  1907,  Chapter  282. 
An  Act  relative  to  Changes  in  Officers  of  Domestic  Corporations. 

Changes  in  SECTION  1.    Whenever  any  change  is  made  in  the  officers  of  a  domestic 

notice%tc.  corporation  the  corporation  shall  forthwith  file  in  the  office  of  the  com- 
^9oT,di80by  missioner  of  corporations  a  certificate  of  such  change,  signed  and  sworn 

to  by  the  president,  clerk  and  a  majority  of  its  directors. 

Clerk  to  be  SECTION  2.    Any  such  corporation  which  omits  to  make  and  file  a 

Common-          certificate  as  aforesaid  within  thirty  days  after  such  a  change  has  been 

made,  or  which  fails  to  keep  a  clerk  of  the  corporation  in  this  Common- 
Penalty,  wealth,  shall  forfeit  not  more  than  five  hundred  dollars,  to  be  recovered 

in  the  manner  prescribed  by  section  fifty  of  chapter  four  hundred  and 

thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and  three. 


PART  II.  —  OF  RAILROAD   CORPORATIONS.  57 

SECTION  3.  Every  officer  of  such  corporation  who  fails  to  perform  Penalty  for 
any  duty  imposed  upon  him  by  this  act  shall  be  liable  to  a  fine  of  not  failure- etc- 
more  than  five  hundred  dollars.  [Approved  April  6,  1907. 

MEETINGS. 

SECTION  33.     There  shall  be  an  annual  meeting  of  the  stock-  ^^^ 
holders,  and  the  time  and  place  of  holding  it,  and  the  manner  R.  L.  in,  §55. 
of  conducting  it,  shall  be  fixed  by  the  by-laws.     All  meetings  of  §elo. 
stockholders  shall,  unless  the  by-laws  otherwise  provide,  be  held 
in  the  commonwealth ;  and  shall  be  called,  and  notice  thereof  £J{£[j® of 
given,  in  the  manner  provided  in  the  by-laws  of  the  corpora- 
tion; or,  if  the   by-laws   make  no  provision  therefor,  shall  be 
called  by  the  president,  and  a  written  or  printed  notice,  stating 
the  place,  day  and  hour  thereof,  given  by  the  clerk,  at  least 
seven  days  before  such  meeting,  to  each  stockholder  by  leaving 
such  notice  with  him  or  at  his  residence  or  usual  place  of  busi- 
ness, or  by  mailing  it,  postage  prepaid,  and  addressed  to  each 
stockholder  at  his  address  as  it  appears  upon  the  books  of  the 
corporation.     Unless  the  by-laws  otherwise  provide,  a  majority  Quorum,  etc. 
in  interest  of  all  stock  issued  and  outstanding  and  entitled  to 
vote  shall  constitute  a   quorum.     Notices   of  all  meetings  of 
stockholders  shall  state  the  purposes  for  which  the  meetings  are 
called.     No  notice  of  the  time,  place  or  purpose  of  any  regular 
or  special  meeting  of  the  stockholders  shall  be  required,  if  every 
stockholder,  or  his  attorney  thereunto  authorized,  by  a  writing 
which  is  filed  with  the  records  of  the  meeting,  waives  such  notice. 

SECTION  34.     If,  by  reason  of  the  death  or  absence  of  the  offi-  Meetings 

'  ,  .  may  be  called 

cers  of  a  corporation  or  other  cause,  there  is  no  person  author-  under  warrant 
ized  to  call  or  preside  at  a  legal  meeting,  or  if  the  clerk  or  other  tnVp^acCeein 
officer  refuses  or  neglects  to  call  it,  a  justice  of  the  peace  may,  i833,'49. 
upon  written  application  of  three  or  more  of  the  stockholders,  §  |;  ||;  §  5! 
issue  a  warrant  to  any  one  of  them,  directing  him  to  call  a  £  £  J^- 1 }*• 
meeting  by  giving  such  notice  as  is  required  by  law,  and  may,  see  1903, 437, 
by  the  same  warrant,  direct  him  to  preside  at  the  meeting  until 
a  clerk  is  chosen  and  qualified,  if  no  officer  of  the  corporation 
is  present  who  is  legally  authorized  to  preside. 

SECTION  35.     A  special  meeting  of  the  stockholders  shall  be  special 
called,  and  a  written  or  printed  notice  thereof,  stating  the  time,  ReLmni,  §  se. 
place  and  purpose  of  the  meeting,  given,  by  the  clerk  upon  je|21903' 437f 
written  application  of  three  or  more  stockholders  who  are  en- 
titled to  vote,  and  who  hold  at  least  one  tenth  part  in  interest 
of  the  capital  stock. 

SECTION  36.     A  corporation  shall  not,  directly  or  indirectly,  Voting  right 

i  f   . ,  i  of  corporation 

vote  upon  any  share  or  its  own  stock.  upon  its  own 

R.  L.  Ill    §57.  See  1903,  437,  §  23.  8tock- 

SECTION  37.    Stockholders   who   are   entitled  to   vote   shall  j^fe£?ck~ 
have  one  vote  for  each  share  of  stock  owned  by  them.     Stock-  p/0?*6*-'    . 25 
holders  may  vote  either  in  person  or  by  proxy.     No  proxy  R.I.',  in,  §57! 
which  is  dated  more  than  six  months  before  the  meeting  named  f^!903' 437> 
therein  shall  be  accepted,  and  no  such  proxy  shall  be  valid  after 
the  final  adjournment  of  such  meeting. 


58 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


Voting  right 
of  fiduciary 
stockholders. 
1829.  53,  §  12. 
R.  S.  38,  §  35. 
1838,  98,  §  2. 
G.  S.  68,  §  11. 


Meetings  of 
directors. 
See  1903,  437, 
§25. 


SECTION  38.  Executors,  administrators,  conservators,  guard- 
ians, trustees  or  persons  in  any  other  representative  or  fiduciary 
capacity  may  vote  as  stockholders  upon  stock  held  in  such 
capacity.  P-  s.  105,  §  13.  R.  L.  109,  §  17. 

See  1903,  437.  §  29.  9  Cush.  192.  101  Mass.  398. 

SECTION  39.  Meetings  of  the  board  of  directors  may  be  held 
within  or  without  the  commonwealth.  Any  meeting  of  the 
board  of  directors  shall  be  a  legal  meeting  without  notice,  if 
each  director,  who  is  absent,  by  a  writing  which  is  filed  with 
the  records  of  the  meeting,  waives  such  notice. 


Stock  certifi- 
cates. 

R.  L.  110,  §  27. 
R.  L.  Ill,  §  59, 
See  1903,  437, 
§26. 


Transfer  of 

stock. 

1833,  187,  §  8. 

R.  S.  39,  §  52. 

G.  S.  63,  §  11. 

1874,  372,  §  44. 

1881,  302. 

P.  S.  112,  §56. 

R.  L.  109,  §  37. 

R.  L.  Ill,  §  59. 

1903.  423,  437, 

§28. 

12  Gray,  213, 

227. 

3  Allen,  342. 

8  Allen,  15. 

134  Mass.  239. 

159  Mass.  64. 

182  Mass.  555. 

1910,  171. 


Stock  books, 
and  corporate 
records. 
R.  L.  109, 
§§  32-35.  ' 
See  1903,  437, 
§30. 


CAPITAL  STOCK. 

SECTION  40.  Each  stockholder  shall  be  entitled  to  a  certifi- 
cate, which  shall  be  signed  by  the  president  and  by  the  treas- 
urer of  the  corporation,  or  by  such  other  officers  as  may  be 
authorized  by  the  by-laws,  shall  be  sealed  with  its  seal,  and  shall 
certify  the  number  of  shares  owned  by  him  in  such  corporation. 

SECTION  41.  The  delivery  of  a  certificate  of  stock  by  the 
person  named  as  the  stockholder  in  such  certificate  or  by  a  per- 
son entrusted  by  him  with  its  possession  for  any  purpose  to  a 
bona  fide  purchaser  or  pledgee  for  value,  with  a  written  trans- 
fer thereof,  or  with  a  written  power  of  attorney  to  sell,  assign  or 
transfer  the  same,  signed  by  the  person  named  as  the  stock- 
holder in  such  certificate,  shall  be  a  sufficient  delivery  to  trans- 
fer title  as  against  all  persons;  but  no  such  transfer  shall  affect 
the  right  of  the  corporation  to  pay  any  dividend  due  upon  the 
stock,  or  to  treat  the  holder  of  record  as  the  holder  in  fact  until 
it  has  been  recorded  upon  the  books  of  the  corporation,  or  until 
a  new  certificate  has  been  issued  to  the  person  to  whom  it 
has  been  so  transferred.  Such  purchaser,  upon  delivery  of  the 
former  certificate  to  the  treasurer  of  the  corporation,  shall  be 
entitled  to  receive  a  new  certificate.  A  pledgee  of  stock  trans- 
ferred as  collateral  security  shall  be  entitled  to  a  new  certificate  if 
the  instrument  of  transfer  substantially  describes  the  debt  or  duty 
which  is  intended  to  be  secured  thereby.  Such  new  certificate 
shall  express  on  its  face  that  it  is  held  as  collateral  security, 
and  the  name  of  the  pledgor  shall  be  stated  thereon,  who  alone 
shall  be  liable  as  a  stockholder,  and  entitled  to  vote  thereon. 

SECTION  42.  The  certificate  of  incorporation,  and  an  attested 
copy  of  the  agreement  of  association,  and  of  the  by-laws,  with  a 
reference  on  the  margin  of  the  copy  of  the  by-laws  to  all  amend- 
ments thereof,  and  a  true  record  of  all  meetings  of  stockholders, 
shall  be  kept  by  the  corporation  at  its  principal  office  for  the 
inspection  of  its  stockholders.  The  stock  and  transfer  books  of 
such  corporation,  which  shall  contain  a  complete  list  of  all 
stockholders,  their  residences  and  the  amount  of  stock  held  by 
each,  shall  be  kept  at  an  office  of  the  corporation  for  the  in- 
spection of  its  stockholders.  Said  stock  and  transfer  books  and 
said  attested  copies  and  records  shall  be  competent  evidence  in 
any  court  of  this  commonwealth.  If  any  officer  or  agent  of  a 
corporation  having  charge  of  such  copies,  books  or  records  re- 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  59 

fuses  or  neglects  to  exhibit  them  or  to  submit  them  to  examina- 
tion as  aforesaid,  he  or  the  corporation  shall  be  liable  to  any 
stockholder  for  all  actual  damages  sustained  by  reason  of  such 
refusal  or  neglect,  and  the  supreme  judicial  court  or  the  supe- 
rior court  shall  have  jurisdiction  in  equity,  upon  petition  of  a 
stockholder,  to  order  any  or  all  of  said  copies,  books  or  records 
to  be  exhibited  to  him  and  to  such  other  stockholders  as  may 
become  parties  to  said  petition,  at  such  a  place  and  time  as 
may  be  designated  in  the  order. 

SECTION  43.     The    directors   of   a   corporation    may,    unless  Lostoertm- 
otherwise  provided  by  the  by-laws,  determine  the  conditions  R^;  no,  §  28. 
upon  which  a  new  certificate  of  stock  may  be  issued  in  place  of  f6!/903' 437> 
any  certificate  which  is  alleged  to  have  been  lost  or  destroyed. 
They  may,  in  their  discretion,  require  the  owner  of  a  lost  or 
destroyed  certificate,  or  his  legal  representative,  to  give  a  bond 
with  sufficient  surety  to  the  corporation,  in  a  sum  not  exceeding 
double  the  market  value  of  the  stock  to  indemnify  the  corpora- 
tion against  any  loss  or  claim  which  may  arise  by  reason  of  the 
issue  of  a  certificate  in  place  of  such  lost  or  destroyed  stock  cer- 
tificate. 

SECTION  44.     Every   corporation    shall,    once   in   every   five  unclaimed 
years,  publish  three  times  successively  in  a  newspaper  in  the  iss^se.8' 
city  of  Boston,  and  also  in  a  newspaper  in  the  county  in  which  p'i'^o'5S§27 
the  principal  office  of  the  corporation  is  located,  a  list  of  all  ^190^ '4|74a 
dividends  which  have  remained   unclaimed  for  two  years  or  §32. 
more  and  the  names  of  the  persons  to  whose  credit  such  divi- 
dends stand. 

SECTION  45.     The  directors  may  from  time  to  time  assess  Assessments 
upon  each  share  such  amounts,  not  exceeding  in  all  one  hun-  RP°S!  39?r§  53. 
dred  dollars  on  a  share,  or  the  price  fixed  under  the  provisions  a5!.' Is?' 
of  section  seventy,  as  they  think  proper,  and  may  direct  the  f!^^  §45 
same  to  be  paid  to  the  treasurer,  who  shall  give  notice  thereof  P-  |-  J|2,  §  57. 
to  the  subscribers.     If  a  subscriber  has  made  no  payment  upon  See  1903,437, 
his  shares,  the  directors,  thirty  days  after  an  assessment  has  be-  is  Met.  311. 
come  due,  may  declare  them  forfeited,  and  may  transfer  them  ?  Gray!  544. 
to  any  responsible  person  who  subscribes  for  them  and  pays  the  IcJaylli7' 
assessments  then  due.     If  a  subscriber  neglects,  for  thirty  days  f  §^'  j?j^- 
after  notice  from  the  treasurer,  to  pay  an  assessment  upon  his  JioM^s'iil' 
shares,  the  directors  may  order  the  treasurer,  after  giving  no-  i  is  Mass!  79. ' 
tice  of  the  sale,  to  sell  such  shares  by  public  auction  to  the  high- 
est bidder,  and,  upon  the  payment  by  him  to  the  corporation  of 
the  unpaid  assessments,  of  interest  to  the  date  of  sale  and  of 
the  charges  of  sale,  the  shares  shall  be  transferred  to  him.     If 
within  thirty  days  after  the  sale  the  purchaser  does  not  make 
said  payment  to  the  corporation,  the  sale  shall  be  cancelled,  and 
the  subscriber  shall  be  liable  to  the  corporation  for  the  unpaid 
assessments,    interest    thereon    and    charges    of    sale.     If    the 
amount  so  paid  by  the  purchaser  to  the  corporation  is  more 
than  the  amount  for  which  the  shares  were  sold,  the  subscriber 
shall  be  liable  to  the  purchaser  for  the  deficiency;  if  it  is  less, 
the  purchaser  shall  be  liable  to  the  subscriber  for  the  surplus. 


60  PART  II.  —  OF  RAILROAD  CORPORATIONS. 

If  a  subscriber  neglects  to  pay  his  assessment  for  thirty  days 
as  above  provided,  the  directors  may  elect  to  proceed  by  an 
action  at  law  against  said  delinquent  subscriber  to  recover  all 
amounts  due  and  payable  by  him  with  interest.  If  a  judgment 
rendered  in  an  action  against  a  subscriber  remains  unsatisfied 
for  thirty  days,  all  amounts  previously  paid  by  him  shall  be 
forfeited  to  the  company  and  the  directors  may  offer  such 
shares  for  sale  as  above  provided. 

cacitautock  SECTION  46.  A  railroad  corporation,  for  the  purpose  of  build- 
1874  351,  §2;  ing  a  branch  or  extension,  or  of  aiding  in  the  construction  of 
§  i."  '  another  railroad,  or  of  taking  stock  in  a  grain  elevator  corpora- 

1894, 502.'       '  tion  in  the  organization  of  which  it  is  an  associate,  or  of  erect- 
R.  L.  in.  §61.  -ng  antj  Operating  grain  elevators  within  this  commonwealth,  or 
of  building  depots,  or  of  abolishing  grade  crossings,  or  of  making 
permanent   investments   or   improvements,    or   of   funding   its 
floating  debt,  or  of  refunding  its  funded  debt,  or  for  the  pay- 
ment of  money  borrowed  for  any  lawful  purpose,  or  for  other 
necessary  and  lawful   purposes,   may,   from  time  to  time,   in 
accordance  with  the  provisions  of  section  sixty-five,  increase  its 
capital  stock  or  bonds  beyond  the  amounts  fixed  and  limited  by 
its  agreement  of  association  or  its  charter,  or  by  any  special  law. 
unauthorized'        SECTION  47.     If  a  railroad  corporation  owning  a  railroad  in 
increase  of        this  COmmon wealth  and  consolidated  with  a  corporation  owning 

capital  stock.  .  .  .  . 

1871, 389.         a  railroad  m  another  state  increases  its  capital  stock,  or  the  cap- 

§  177.   '          ital  stock  of  such  consolidated  corporation,  except  as  authorized 

R.  L.  in!  §  62!  by  this  act,  without  authority  of  the  general  court,  or  without 

i42MaS!i46.  such  authority  extends  its  line  of  railroad,  or  consolidates  with 

any  other  corporation,  or  makes  a  stock  dividend,  the  charter 

and  franchise  of  such  corporation  shall  be  subject  to  forfeiture. 

BONDS   AND   MORTGAGES. 

t88fundf  float?8  [SECTION  48.  A  railroad  corporation  may,  by  vote  at  a  meet- 
i854e286  m&  called  for  the  purpose,  in  accordance  with  the  provisions  of 
§§i,' 2, 4.'  this  section  and  of  sections  sixty-five  and  sixty-six,  but  not 
§§  120,  i2i.  otherwise,  issue  coupon  or  registered  bonds,  coupon  notes  or 
1874, 372,  §  49.  other  evidences  of  indebtedness  payable  at  periods  of  more  than 
1876!  176.  twelve  months  from  the  date  thereof  to  provide  means  for  fund- 
fs'sl,  HI'  §  62-  ing  its  floating  debt,  or  for  the  payment  of  money  borrowed  for 
1897' 337'  any  lawful  purpose,  and  may  mortgage  or  pledge,  as  security 
R.  L'.  in,  §63.  for  the  payment  of  such  indebtedness,  a  part  or  all  of  its  rail- 

10  Allen,  448,  ^ . J  ,  ,  .  ..       £   .  , 

459.  road,  equipment  or  franchise,  or  a  part  or  all  01  its  real  or  per- 

i?i  Mass!  242.   sonal  property.     Such  bonds,  coupon  notes  or  other  evidences 
f&j%7*S         °f  indebtedness  may  be  issued  in  amounts  of  not  less  than  one 
Repealed*6'      hundred  dollars  each,   payable  in  periods  not  exceeding  fifty 
seej9is,  784,    years  from  the  date  thereof,  and  may  bear  interest  not  exceed- 
See  1908,620,    ing  seven  per  cent  a  year,  payable  annually  or  semi-annually, 
^909,485.         to  an  amount  which,  including  that  of  bonds,  coupon  notes  or 
other  evidences  of  indebtedness  previously  issued,  does  not  ex- 
ceed in  all  the  capital  stock  of  the  corporation  actually  paid  in 
at  the  time;  except  that,  with  the  approval  of  the  board  of  rail- 
road commissioners,  it  may  issue  bonds,  coupon  notes  and  other 


PART  II.  —  OF   RAILROAD   CORPORATIONS.  61 

evidences  of  indebtedness  payable  at  periods  of  more  than  twelve 
months  after  the  date  thereof  to  an  amount  which,  including  the 
amount  of  all  such  securities  previously  issued  and  outstanding 
may  equal,  but  shall  not  exceed,  twice  the  amount  of  its  capital 
stock  at  the  time  actually  paid  in,  provided  that  such  securities 
shall  be  secured  by  a  mortgage  upon  all  the  property  and  fran- 
chises, present  and  future,  of  the  company  issuing  such  securities. 
Such  mortgages  shall  also  secure,  upon  equal  terms  with  such  new 
securities,  all  bonds,  coupon  notes  and  other  evidences  of  indebted- 
ness payable  more  than  twelve  months  from  their  dates  previously 
issued  by,  or  the  payment  of  the  principal  of  which  shall  have 
been  assumed  or  guaranteed  by,  the  mortgagor,  and  shall  contain 
a  covenant  on  the  part  of  the  mortgagor,  that  the  securities  which 
may  be  secured  by  such  mortgage  shall  not  exceed  in  amount 
twice  the  amount  of  the  capital  stock  of  the  mortgagor  company 
actually  paid  in  at  the  time  when  such  bonds  or  other  securities 
shall  be  issued,  as  determined  under  the  provisions  of  chapter  six 
hundred  and  twenty  of  the  acts  of  the  year  nineteen  hundred  and 
eight,  and  such  bonds,  coupon  notes  or  other  evidences  of  in- 
debtedness shall  be  recorded  by  its  treasurer  in  books  to  be 
kept  in  his  office.  A  bond,  coupon  note  or  other  evidence  of 
indebtedness  shall  not  be  issued  unless  approved  by  a  person 
appointed  by  the  corporation  for  that  purpose,  who  shall  cer- 
tify that  it  is  properly  issued  and  recorded.] 

Acts  of  1908,  Chapter  620. 

An  Act  relative  to  the  Issue  of  Bonds,  Coupon  Notes  and  Other  Evidences 
of  Indebtedness  by  Railroad  Corporations  and  Street  Railway  Com- 
panies. 

SECTION  1.    In  computing  the  amount  of  capital  stock  of  a  railroad  p^!6'^63,',  48 
corporation,  electric  railroad,  street  railway  or  elevated  railway  com-  57  and  66, 
pany  for  the  purpose  of  determining  the  maximum  amount  of  bonds,  lYos!11' 
coupon  notes  or  other  evidences  of  indebtedness,  payable  at  periods  of  amended. 
more  than  twelve  months  after  the  date  thereof,  under  the  provisions  of°amounton 
of  sections  forty-eight,  fifty-seven  and  sixty-six  of  Part  II,  or  of  section  gtf0ckPwhen 
one  hundred  and  eight  of  Part  III,  of  chapter  four  hundred  and  sixty-  issuing  bonds, 
three  of  the  acts  of  the  year  nineteen  hundred  and  six,  and  under  any  parti,  §0; 
similar  provisions  of  any  special  acts  limiting  the  amount  of  such  securi-  Ft*!1/' 
ties,  which  a  raikoad  corporation,  an  electric  railroad,  a  street  railway 
or  elevated  railway  company  may  issue,  to  the  amount  of  its  capital 
stock  at  the  time  actually  paid  in,  there  shall  be  added  to  the  par  value 
of  the  capital  stock  all  cash  premiums  paid  into  the  corporation  on  all 
shares    issued  by  such    corporation  or  company    subsequent   to  July 
ninth,  eighteen  hundred  and  ninety-four,  under  the  provisions  of  chapter 
four  hundred  and  sixty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  or  of  any  similar  provisions  of  law,  and  the  maximum 
amount  of  such  bonds,  notes  and  other  evidences  of  indebtedness  which 
such  corporation  or  company,  unless  expressly  authorized  by  its  charter 
or  by  special  law,  may  issue  with  the  approval  of  the  board  of  railroad 
commissioners,   shall  be  limited  to  the  aggregate  amount  of  its  issued 
and  outstanding  capital  stock,  determined  as  provided  in  this  act,  and 
actually  paid  into  its  treasury. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
June  12,  1908. 


62  PART  II.  —  OF  RAILROAD  CORPORATIONS. 


Acts  of  1913,  Chapter  784,  §§  15,  16. 

issue  of  stock,        SECTION  15.    A  railroad  corporation  may  issue  shares  of  capital  stock, 
oThel^evM^ncea  bonds,  notes  or  other  evidences  of  indebtedness,  for  the  purpose  of  fund- 
of  indebtedness  ing  ics  floating  debt,  or  for  any  other  lawful  purpose,  and  may  mortgage 
[  See  Op' °*  <m.     or  pledge  as  security  for  the  payment  of  such  indebtedness  a  part  or  all 
el  oTv'  B^ll^ley  of  its  railroad,  equipment  and  franchise  and  a  part  or  all  of  its  real  and 
N.  H.'&  H.  "   personal  property,  including  property  to  be  afterward  acquired.    Any 
0     mortgage  executed  by  a  railroad  company  shall  secure  all  bonds,  notes 
and  other  evidences  of  indebtedness   previously   issued  and  then  out- 
standing on  equal  terms  with  any  other  indebtedness  secured  by  such 
Amount  of        mortgage.    Its  bonds,  notes  or  other  evidences  of  indebtedness  may  be 
issued  by  any  such  corporation  to  an  amount  which,  when  added  to  the 
amount  of  all  its  then  outstanding  bonds,  notes  or  other  evidences  of 
indebtedness,  shall  not  cause  the  aggregate  amount  of  all  its  bonds,  notes 
and  other  evidences  of  indebtedness  to  exceed  twice  the  amount  of  the 
capital  stock  of  the  corporation  actually  paid  in  at  the  time,  as  determined 
under  the  provisions  of  chapter  six  hundred  and  twenty  of  the  acts  of  the 
year  nineteen  hundred  and  eight ;  but  such  of  the  bonds  issued  or  to  be  issued 
under  a  mortgage  as  are  deposited  to  retire  at  or  before  maturity,  bonds 
or  other  evidences  of  indebtedness  previously  issued  and  outstanding  at 
the  date  of  such  mortgage  while  so  deposited  shall  not  be  taken  into 
Proposed          account  in  applying  this  limitation.     No  bonds,  coupon  notes,  or  other 
authorized  by    evidences  of  indebtedness  payable  at  periods  of  more  than  twelve  months 
vote.  from  the  date  thereof   shall  be  issued  unless  authorized  by  a  vote  of 

the  stockholders  at  a  meeting  called  for  the  purpose,  and  no  such  bond, 
coupon  note  or  other  evidence  of  indebtedness  shall  be  issued  unless 
countersigned  or  certified  by  a  person  or  trust  company  appointed  by 
the  corporation  for  that  purpose. 

^approval          SECTION  16.     Before  any  railroad  corporation  shall  issue  any  shares 
of  issue  of         of  capital  stock  or  any  bonds,  notes  or  other  evidences  of  indebtedness 
bonds,  eto°  '     payable  at  periods  of  more  than  twelve  months  after  the  date  thereof, 
^fgff'Buileie  ^  snaul  aPPJy  to  the  commission  for  its  approval  of  the  proposed  issue 
elai.  v.  N.  Y.,   to  such  amount  as  the  commission  shall  determine  to  be  reasonable  and 
R'.R.  Co.ct'ais.]  proper  for  the  purpose  of  funding  its  floating  debt  properly  incurred  for 
lawful  purposes,  or  reasonable  and  proper  for  any  other  lawful  purpose 
Decision.          set  forth  in  the  application  for  such  approval.    The  commission  shall 
render  its  decision  upon  such  an  application  within  thirty  days  after  the 
final  hearing  thereon.     The  decision  shall  be  in  writing  and  shall  assign 
the  reasons  therefor.     Any  order  of  the  commission  approving  any  such 
issue  of  stock,  bonds,   notes  or  other  evidences   of  indebtedness  may 
provide  for  the  application  of  the  proceeds  thereof  to  such  particular 
uses  as  the  commission  shall  by  that  order  or  by  some  subsequent  order 
specify,  and  the  corporation  shall  not  apply  such  proceeds  otherwise 
than  as  thus  specified  in  such  order  or  orders.     The  decision  of  the  com- 
mission as  to  the  amount  of  stock  which  is  reasonably  necessary  for  the 
purpose  for  which  such  stock  is  proposed  to  be  issued  shall  be  based  upon 
the  price  at  which  such  stock  is  to  be  issued,  and  the  commission  shall 
refuse  to  approve  any  particular  issue  of  stock,  if,  in  its  opinion,  the 
price  at  which  it  is  proposed  to  be  issued  is  so  low  as  to  be  inconsistent 
Provisions  not    with  the  public  interest.    The  provisions  of  this  section  shall  not  require 
certaiPnlyran-       a  railroad  corporation  which  is  incorporated  under  the  laws  of  one  or  more 
roads.  other  states  or  foreign  countries,  as  well  as  under  the  laws  of  this  com- 

monwealth, to  apply  to  the  commission  for  approval  of  the  issue  of  shares 
of  capital  stock  or  of  bonds,  notes  or  other  evidences  of  indebtedness  for 
the  sole  ultimate  purpose  of  providing  funds  for  additions  to  or  improve- 


PART  II.  —  OF   RAILROAD  CORPORATIONS.  63 

ments  of  property  of  such  corporation  or  of  any  corporation  controlled 
by  it  through  lease  or  stock  ownership,  if  such  property  has  a  situs  in 
another  state  or  country  by  the  laws  of  which  such  railroad  corporation 
is  authorized  to  operate  a  railroad  therein  and  to  make  such  additions 
to  or  improvements  of  such  property,  nor  to  apply  to  the  commission  for 
approval  of  the  issue  of  shares  of  capital  stock,  bonds,  notes  or  other 
evidences  of  indebtedness  for  paying,  funding  or  refunding  indebtedness 
incurred  for  such  ultimate  purpose;  but  all  such  proposed  issues  and  Proposed  issues 
the  authority  therefor  shall,  before  the  issue  of  such  securities,  be  reported  to  commission, 
to  the  commission.  Except  for  such  ultimate  purpose,  such  a  railroad 
corporation  shall  not  hereafter  without  the  approval  of  the  -commission 
issue  any  shares  of  capital  stock,  or  any  bonds,  notes  or  other  evidences 
of  indebtedness  payable  at  periods  of  more  than  twelve  months  after  the 
date  thereof,  in  exchange  for  or  to  pay  for  shares  of  capital  stock,  notes, 
bonds  or  other  evidences  of  indebtedness  of  any  other  corporation  which 
are  hereafter  acquired  or  contracted  for;  but  if  the  acquisition  or  holding 
of  such  securities  by  such  railroad  corporation  shall  be  authorized  by 
the  laws  of  any  state  or  country  in  which  it  has  been  incorporated,  and 
shall  also  be  permitted  by  the  laws  of  the  state  or  country  in  which  such 
other  corporation  has  been  incorporated,  the  commission  may  authorize 
the  acquisition  of  such  securities  by  such  railroad  corporation,  and  may 
approve  the  issue  of  shares  of  capital  stock,  bonds,  notes  or  other  evidences 
of  indebtedness  by  such  railroad  corporation  in  exchange  for  or  to  pay 
for  such  securities,  provided  that  the  commission  shall  find  that  such 
acquisition  and  the  terms  thereof  are  consistent  with  the  public  interest. 
The  supreme  judicial  court  or  the  superior  court  shall  have  jurisdiction  Enforcement 
in  equity,  upon  the  application  of  the  commission,  of  the  attorney  general,  °|  provisions 
of  any  stockholder  or  of  any  interested  party,  to  enforce  the  provisions 
of  this  and  the  preceding  section  and  all  lawful  orders  and  decisions, 
conditions  or  requirements  of  said  commission  made  in  pursuance  thereof. 
A  director,  treasurer  or  other  officer  or  agent  of  a  railroad  corporation,  Penalty, 
who  knowingly  votes  to  authorize  the  issue  of,  or  knowingly  signs,  certifies 
or  issues  stock  or  bonds  contrary  to  the  provisions  of  this  or  the  preceding 
section,  or  who  knowingly  votes  to  authorize  the  application,  or  knowingly 
applies  the  proceeds  of  such  stock  or  bonds  contrary  to  the  provisions 
of  said  sections,  or  either  of  them,  or  who  knowingly  votes  to  assume  or 
incur,  or  knowingly  assumes  or  incurs  in  the  name  or  behalf  of  such  cor- 
poration, any  debt  or  liability  except  for  the  legitimate  purposes  of  the 
corporation,  shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  Sections  fifty  and  sixty-five  of  Part  II  of  chapter  Repeal, 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six,  sections  forty-eight  and  sixty-six  of  Part  II  of  the  same  act,  as 
amended  by  sections  four  and  five  of  Part  II  of  chapter  seven  hundred 
and  twenty-five  of  the  acts  of  the  year  nineteen  hundred  and  twelve, 
and  all  other  acts  and  parts  of  acts  inconsistent  with  this  or  the  pre- 
ceding section,  so  far  as  they  apply  to  railroad  corporations,  are  hereby 
repealed. 

SECTION  49.     At  the  request  of  the  owner  or  holder  of  any  Registered 
coupon  bonds  lawfully  issued,  the  railroad  corporation  which  isee,  m, 
issued  them  may  issue  registered  bonds  in  exchange  for  them,  1874/372,  §  50. 
upon  such  terms  and  under  such  regulations  as  its  directors  ^  |;  }}£  §  63. 
may  prescribe,  and  with  the  consent  and  approval  of  the  trus- 
tees, if  any,  to  whom  a  mortgage  or  pledge  has  been  executed; 


64  PART   II.  —  OF   RAILROAD   CORPORATIONS. 

and  such  registered  bonds  shall,  with  the  exception  of  the  cou- 
pons, correspond  in  all  respects  with  the  coupon  bonds  for  which 
they  are  exchanged,  and  shall  be  in  conformity  with  all  laws 
authorizing  the  issue  of  said  coupon  bonds.     Such   exchange 
shall  not  affect  a  mortgage  or  pledge  given  as  security  for  the 
payment  of  such  coupon  bonds,  and  such  mortgage  or  pledge 
shall  remain  in  full  force  as  security  for  such  registered  bonds; 
and  the  coupon  bonds  shall  be  cancelled  and  destroyed  at  the  same 
time  that  the  registered  bonds  are  issued  in  exchange  therefor. 
Mc°urfabgonds          [SECTION  50.      A  railroad  corporation  which  has  issued  bonds 
p^viousiy        shall  not  subsequently  execute  a  mortgage    upon  its  railroad, 
r85!'  JilVils  e(luipment  and  franchise  or  upon  any  of    its  real  or  personal 
1874',  372,  §  si!  property,  without  including  in  and  securing  by  such  mortgage 
R. L.  11?;  lit.  all  bonds  previously  issued  and  all  its  pre-existing  debts  and 

liabilities. 1  Repealed  as  to  railroad  corporations.    1913,784,  $  16.    (See  above.) 

collectible  SECTION  51.     All  bonds  or  notes  which  are  issued  by  a  rail- 

G85|'  IsVm  road  corporation  shall  be  valid  and  binding,   although  nego- 
i874-.  372,  §  52!  tiated  and  sold  by  it  or  its  agents  at  less  than  par. 

P.  S.  112,  §  65.  R.  L.  Ill,  §  66. 

ratitledto  SECTION  52.     If  a  railroad  corporation,   having  executed  a 

possession         mortgage  of  its  property,  rights  and  privileges,   or  of  a  part 

may  contract  ^  .    * 

with  corpora-  thereof,  to  trustees  tor  the  benefit  01  its  general  creditors,  or  or 
railroad01*  e  a  particular  class  of  creditors,  makes  default  in  the  performance 
a5!.'  63?'§§i24.  of  the  condition  of  the  mortgage,  so  that  the  trustees  or  their 
R.  L.  iii!  1 57!  successors  are  entitled  to  the  actual  possession  and  usufruct  of 
the  property,  rights  and  privileges  therein  conveyed,  in  trust 
for  the  purposes  specified  in  the  mortgage,  the  trustees,  after 
entry,  instead  of  retaining  actual  possession  of  the  mortgaged 
premises  and  operating  the  railroad,  may  contract  with  the  cor- 
poration or  other  competent  party  to  take  or  retain  for  them 
the  possession  of  the  mortgaged  premises,  and  to  use  and  op- 
erate the  same  on  its  own  responsibility,  accounting  with  the 
trustees  for  the  earnings  and  income,  and  paying  over  the 
profits  and  net  income  periodically,  when  and  as  far  as  may 
be  necessary  for  the  performance  of  the  conditions  of  the  mort- 
gage, if  a  majority  in  interest  of  the  bondholders  or  creditors 
under  the  mortgage  shall  so  vote,  in  person  or  by  proxy,  at  a 
meeting  called  for  the  purpose,  notice  of  which  shall  be  pub- 
lished ten  days  before  said  meeting  in  two  or  more  daily  papers 
published  in  the  city  of  Boston,  and  in  at  least  one  newspaper 
published  in  each  county  in  which  the  railroad  is  located.  All 
liabilities  incurred  by  the  corporation  or  other  party  in  oper- 
ating the  railroad  under  such  contract  shall  be  held  as  claims 
against  and  be  paid  out  of  the  income,  in  the  same  manner  and 
to  the  same  extent  as  if  the  property  had  remained  in  the  actual 
possession  of  the  trustees  and  been  operated  by  them. 
Trustees  in  SECTION  53.  Trustees  in  possession  of  a  railroad  under  a 

possession  to  •,-,•,  ,.  •  i>      i         i  11      i  i 

call  annual  mortgage  shall  annually  call  a  meeting  ot  the  bondholders  or 

issV'iTs.  creditors  for  whose  security  they  hold  the  railroad  in  trust,  to 

G§  s.  es,  be  held  in  December,  of  which  notice  shall  be  given  by  publica- 

§§  125, 126.  tjon^  at  jeagt  ten  javs  before  sucn  meeting,  in  two  or  more 


PART  II.  —  OF   RAILROAD   CORPORATIONS.  65 

daily  newspapers  in  the  city  of  Boston,  and  in  at  least  one  P.  s.  112. 
newspaper  in  each  county  in  which  the  railroad  is  located;  and  R.  il'm,  §  es. 
at  such  meeting  they  shall  submit  a  report  for  the  year,  similar 
to  the  annual  report  of  railroad  directors  to  stockholders.     If 
they  fail  to  call  such  a  meeting,  five  or  more  bondholders  or 
creditors,  whose  claims  secured  by  the  mortgage  amount  to  not 
less  than  ten  thousand  dollars,  may  in  the  same  manner  call 
such  meeting,  to  be  held  in  the  January  following  said  December. 

SECTION  54.     At  the  annual   meeting  held   under  the  pro-  Election  and 
visions  of  the  preceding  section,  the  bondholders  or  creditors,  by  oUru^ees°n 
a  majority  in  interest  vote,  may,  in  person  or  by  proxy,  elect  a5!.'  63?'§§i27. 
three  trustees  under  the  mortgage  for  the  ensuing  year,  and  ^  f;  jjf1 1  ^ 
until  others  are  chosen  and  qualified.     And  the  trustees  or  any 
of  them  or  a  bondholder  or  creditor  may  submit  the  proceed- 
ings of  the  meeting  for  confirmation  to  a  justice  of  the  supreme 
judicial  court,  in  court  or  at  chambers,  first  giving  notice  of 
his  intention  so  to  do  to  the  former  trustees  under  the  mort- 
gage, to  the  trustees  of  all  other  existing  mortgages  upon  the 
railroad,  and  to  the  corporation,  seven  days  at  least  before  the 
hearing  thereon;  which  notice  may  be  served  by  an  officer  or 
disinterested  person.     The  justice  may  hear  the  parties,  ratify 
the  election,  and  enter  such  decree  as  he  may  find  necessary  to 
transfer  the  property  to  the  new  trustees;  which  decree  shall 
be  filed  in  the  office  of  such  clerk  of  the  court  as  the  justice 
may  direct. 

SECTION  55.     The  supreme  judicial   court  shall   have  juris-  Equity  juris- 
diction  in  equity  of  all  cases  arising  under  the  provisions  of  supreme  ju- 
the  two  preceding  sections,  and  of  all  questions  arising  out  of  f^J  wj^i  5 
railroad  mortgages,  and  may  summarily  remove  a  trustee  under  p- f  •  ^Y^- 
a  railroad  mortgage,  whether  he  is  in  possession  of  the  railroad  R.  L.  m!§7o. 

,  °  .  f.  ,  127  Mass.  43. 

or  not,  and  appoint  a  new  trustee  in  his  stead.  171  Mass.  244. 

SECTION  56.     A  purchaser  of  a  railroad  at  a  sale  under  a  Rights  of  pur- 
valid  foreclosure  of  a  legal  mortgage  thereof,  and  his  succes-  foreclosure" 
sors  in  title,  shall,  relative  to  the  construction,  maintenance  and  R88L.  In',  §  74. 
operation  of  said  railroad,  be  subject  to  all  the  duties,  liabili-  m  Mass-  244- 
ties  and  restrictions,  and  have  all  the  powers  and  rights,  which 
the  mortgagor  was  subject  to  and  had  at  the  time  of  said  sale. 


TAKING   SECURITIES   OF   OTHER   CORPORATIONS. 

SECTION  57.     A   railroad   corporation,   unless   authorized  by  Taking  securi- 
the   general   court  or  by  the  provisions  of  the  following  five  corporations. 
sections,  shall  not  directly  or  indirectly  subscribe  for,  take  or  If?!; Is7,'^i7\ 
hold  the  stock  or  bonds  of  or  guarantee  the  bonds  or  dividends  i!?^^,  §  53 
of  any  other  corporation;  and  the  amount  of  the  bonds  of  one  ^  |-  iff*'!^ 
or  more  other  corporations  subscribed  for  and  held  by  a  rail-  ^9?  Mass.  we. 

j     i          . ,  .  i  ,         ,J  .    ,    198  Mass.  416. 

road  corporation,  or  guaranteed  by  it  conformably  to  special  See  1008,620, 
authority  of  the  general  court  or  the  authority  given  in  said  «?/Ifw.0m 
sections,  with  the  amount  of  its  own  bonds  issued  in  conformity  S08  Mass' 66S' 
with  sections  forty-eight  and  forty-nine,  shall  not  exceed  at  any 
time  the  amount  of  its  capital  stock  actually  paid  in  in  cash. 


66 


PART  II.  —  OF   RAILROAD  CORPORATIONS. 


SECTION  58.     A  railroad  corporation  may  hold  stock  in  a 
telegraph  company  whose  telegraph  connects  two  or  more  places 


Stock  in  a 

telegraph 

company. 

G.  s!  63?,  §  12.    on  the  railroad  to  an  amount  not  exceeding  two  hundred  dollars 
p.  s.'  112',  §  75!  for  each  mile  of  railroad  so  connected.  R- L-  m.  §  78. 


Stock  in 
terminal 
companies. 


Guaranty  of 
bonds  of 
steamship 
companies. 
1868,  347,  | 
1874,  372,  | 
P.  S.  112,  § 
R.  L.  Ill,  § 


Railroad  cor- 
poration may 
become  asso- 
ciate in  grain 
elevator  cor- 
poration. 
1874,  384, 
§§1-2. 
P.  S.  112, 
§§  77,  78. 
R.  L.  Ill,  §  80. 


Connecting 
roads  may 
guarantee  each 
other's  bonds. 
1870,  325,  §  4. 
1871,384. 
1874,  372,  §  56. 
P.  S.  112,  §  79. 
R.  L.  Ill,  §81. 


Railroad  cor- 
porations may 
aid  in  con- 
struction of 
branches,  etc. 
1874.  351,  §  4; 
372,  §  57. 
P.  S.  112,  §  80, 
R.  L.  Ill,  §82 
171  Mass.  239. 


Stock  or  scrip 
dividends  for- 
bidden, when. 


Acts  of  1912,  Chapter  725,  Part  II,  §  6. 

SECTION  6.  A  railroad  corporation  may  acquire,  hold,  vote,  sell,  and 
negotiate  the  stock  and  securities  of  terminal  companies  now  or  hereafter 
organized  under  the  laws  of  this  commonwealth,  and  may  guarantee  the 
bonds  of  such  companies.  A  railroad  corporation  may  also  acquire,  hold, 
maintain  and  operate  steamship  companies,  ferries,  ferry  boats  and  docks. 

SECTION  59.  A  railroad  corporation  may  guarantee,  to  an 
amount  not  exceeding  five  per  cent  of  its  capital  stock,  the 
bonds  of  any  corporation  incorporated  by  the  general  court  for 
the  purpose  of  carrying  freight,  passengers  and  mails  between 
any  port  of  this  commonwealth  and  Europe;  or,  upon  adequate 
security  therefor,  may  issue  its  own  bonds  to  the  same  amount, 
conformably  to  the  provisions  of  section  forty-eight. 

SECTION  60.  A  railroad  corporation  may  become  an  asso- 
ciate under  the  provisions  of  chapter  four  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  three  in  the 
formation  of  a  corporation  for  the  purpose  of  erecting  and  op- 
erating a  grain  elevator  within  this  commonwealth,  and  may 
take  stock  in  any  elevator  corporation  so  organized,  and,  at  all 
meetings,  and  in  all  transactions  of  such  elevator  corporation, 
the  president  of  the  railroad  corporation,  or  in  his  absence  any 
officer  appointed  by  its  board  of  directors,  may  represent,  act 
and  vote  in  the  name  of  such  railroad  corporation. 

SECTION  61.  If  two  corporations  own  and  operate  connect- 
ing railroads,  which  are  wholly  constructed,  either  corporation 
may  guarantee  the  bonds  of  the  other,  upon  such  terms  and  to 
such  an  extent  as  may  be  authorized  at  a  meeting  called  for  the 
purpose,  if  the  bonds  so  guaranteed  do  not  exceed  the  amount 
of  the  capital  stock  of  the  corporation  by  which  they  were  is- 
sued actually  paid  in  in  cash  by  its  stockholders,  and  if  they  are 
in  all  other  respects  issued  in  conformity  with  law. 

SECTION  62.  A  railroad  corporation  may  aid  in  the  con- 
struction of  any  branch  or  connecting  railroad  within  the  limits 
of  this  commonwealth,  whether  connecting  by  a  railroad  or 
steamboat  line,  by  subscribing  for  shares  of  stock  in  such  cor- 
poration, or  by.  taking  its  notes  or  bonds  to  be  secured  by  mort- 
gage or  otherwise,  and  may  vote  on  all  shares  of  stock  so  sub- 
scribed for  and  held;  but  a  corporation  shall  not  so  subscribe 
to  an  amount  in  excess  of  two  per  cent  of  its  paid-up  capital 
stock,  or  mortgage  its  property  to  secure  the  loans  or  subscrip- 
tions made  by  any  other  corporation  under  the  provisions  of  this 
section,  except  by  a  vote  of  a  majority  in  interest  of  the  stock- 
holders at  a  meeting  called  for  that  purpose. 

SECTION  63.  A  railroad  corporation  shall  not  declare  any 
stock  or  scrip  dividend  or  divide  the  proceeds  of  the  sale  of 


PART   II.  —  OF   EAILROAD   CORPORATIONS.  67 

stock  or  scrip  among  its  stockholders;  nor  shall  any  such  cor-  1868,310,  §1. 
poration  issue  any  share  of  stock  to  any  person  unless  the  par  1874!  372^ 
value  of  the  shares  so  issued  is  first  paid  in  cash  to  its  treas-  p.  s.'io5,§i8; 
urer;  nor  shall  it  without  authority  of  the  general  court  in-  i894,§365o,  §  i. 
crease  its  capital  stock  beyond  the  maximum  amount  fixed  by  R- L- 109>  * 20- 
its  act  of  incorporation,  or  fixed  under  the  provisions  of  sec- 
tion forty-six. 

SECTION  64.     A  certificate  of  stock  or  scrip  issued  in  viola-  Liability  of 
tion  of  the  provisions  of  the  preceding  section  shall  be  void;  ises'sTo,  §  2. 
and  each  director  of  the  corporation  issuing  it  shall  be  liable  to  mf  ^ei5' §  19: 
a  penalty  of  one  thousand  dollars,  to  be  recovered  by  indict-  ]^9£'  ^- 1  \v 
ment  in  the  county  in  which  he  resides,  or,  if  he  resides  in  no 
county,  in  the  county  in  which  he  is  commorant,  or  the  offence 
was  committed;  but  if  any  such  director  proves,  that,  before 
such  issue,  he  filed  his  dissent  in  writing  thereto  with  the  clerk, 
or  was  absent,  and  at  no  time  voted  therefor,  he  shall  not  be  so 
liable. 


ISSUE    OF    CAPITAL    STOCK,    BONDS,    COUPON    NOTES    AND    OTHER 
EVIDENCES   OF  INDEBTEDNESS. 

[SECTION  65.    A  railroad  corporation  shall  issue  only  such  sS,°bfonds!tal 

amounts  of  stock  and  bonds,  coupon  notes  and  other  evidences  coupon  notes 
•  •111  IT  -in  -i  i     anc*  °tner  evi" 

or  indebtedness  payable  at  periods  ot  more  than  twelve  months  dences  of  in- 
after  the  date  thereof,  as  the  board  of  railroad  commissioners  1375,  iei. 
may  from  time  to  time  determine  to  be  reasonably  necessary  1894, 450,  §  i: 
for  the  purpose  for  which  such  issue  of  stock  or  bonds  has  been  462;  f  i! 
authorized.     Said  board  shall  render  a  decision  upon  an  appli-  ^89£  ^  |  ^ 
cation  for  such  issue  within  thirty  days  after  the  final  hearing  U.OP-  A-  G- 
thereon.     Such  decision  shall  be  in  writing,  shall  assign  the  Seeioos.eso, 
reasons  therefor,  shall,  if  authorizing  such  issue,  specify  the  see  '1912,725, 
respective  amounts  of  stock  or  bonds,  or  of  coupon  notes  or  Repealed.6' 
other  evidences  of  indebtedness  as  aforesaid,  which  are  author-  1913>  784>  §  16' 
ized  to  be  issued  for  the  respective  purposes  to  which  the  pro- 
ceeds thereof  are  to  be  applied,  shall,  within  seven  days  after 
it  has  been  rendered,  be  filed  in  the  office  of  said  board.     A  cer- 
tificate of  the  decision  of  said  board  shall,  within  three  days 
after  such  decision  has  been  rendered  and  before  the  stock  or 
bonds  or  coupon  notes  or  other  evidences  of  indebtedness  as 
aforesaid  are  issued,  be  filed  in  the  office  of  the  secretary  of 
the  commonwealth,  and  a  duplicate  thereof  delivered  to  the  cor- 
poration.    Such  corporation  shall  not  apply  the  proceeds  of  such 
stock  or  bonds  or  coupon  notes  or  other  evidences  of  indebted- 
ness as  aforesaid  to  any  purpose  not  specified  in  such  certifi- 
cate.    The  provisions  of  this  section  shall  not  require  the  ap- 
proval of  the  board  of  railroad  commissioners  to  the  issue  of 
capital  stock  or  bonds,  or  of  coupon  notes  or  other  evidences  of 
indebtedness  as  aforesaid,  authorized  by  law  of  this  common- 
wealth, the  proceeds  of  which  are  to  be  expended  in  another 
state  or  country,  or  which  are  to  pay  for  borrowed  money  ex- 
pended in  another  state  or  country.] 


68 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Increase  of 
capital  stock. 
Stockholders 
to  determine 
price  of  new 
shares. 
Amended, 
1909,  369,  §  1. 


Auction  sale 
of  stock. 


Board  may 
refuse  to  ap- 
prove issue, 
when. 


Proviso. 


Repeal. 


Acts  of  1908,  Chapter  636. 

An  Act  relative  to  the  Price  at  which  Railroad  Corporations  and'  Street 
Railway  Companies  shall  offer  New  Stock  to  their  Stockholders. 

SECTION  1.  Any  railroad,  street  railway,  electric  railroad  or  elevated 
railway  company  which  is  in  actual  possession  of  and  operating  a  rail- 
road or  railway  shall,  upon  any  increase  of  its  capital  stock,  except  as 
provided  in  the  following  section,  offer  the  new  shares  proportionately 
to  its  stockholders  at  such  price  not  less  than  the  par  value  thereof  as 
may  be  determined  by  its  stockholders.  The  directors  upon  the  approval 
of  such  increase,  as  provided  in  section  sixty-five  of  Part  II  and  section 
one  hundred  and  seven  of  Part  III  of  chapter  four  hundred  and  sixty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  six,  shall  cause  written 
notice  of  such  increase  to  be  given  to  each  stockholder  of  record  upon  the 
books  of  the  company  at  [the  date  of  the  vote  to  increase,]  such  date  as 
shall  be  designated  by  vote  of  the  directors  passed  after  the  approval  by  the 
board  of  such  issue,  stating  the  amount  of  the  increase,  the  number  of 
shares  or  fractions  of  shares  to  which,  according  to  the  proportionate 
number  of  his  shares  at  [the  date  of  the  vote  to  increase]  said  date  desig- 
nated by  vote  of  the  directors  he  is  entitled,  the  price  at  which  he  is  entitled 
to  take  them,  and  fixing  a  time  not  less  than  fifteen  days  after  [the  date 
of  such  vote  to  increase]  said  date  designated  by  vote  of  the  directors,  within 
which  he  may  subscribe  for  such  additional  stock.  Each  stockholder 
may  within  the  time  limited  subscribe  for  his  portion  of  such  stock, 
which  shall  be  paid  for  in  cash  before  the  issue  of  a  certificate  therefor. 

SECTION  2.  If  the  increase  in  the  capital  stock  which  is  subject  to 
the  provisions  of  the  preceding  section  does  not  exceed  four  per  cent  of 
the  existing  capital  stock  of  the  company,  the  directors,  without  first 
offering  the  same  to  the  stockholders,  may  sell  shares  by  auction  to  the 
highest  bidder,  at  not  less  than  the  par  value  thereof,  to  be  actually  paid 
in  cash.  They  may  also  so  sell  at  public  auction  any  shares,  which,  after 
the  expiration  of  the  time  limited  in  the  notice  required  by  the  preceding 
section,  remain  unsubscribed  for  by  the  stockholders  entitled  to  take 
them.  Such  shares  shall  be  offered  for  sale  in  the  city  of  Boston,  or  in 
such  other  city  or  town  as  may  be  prescribed  by  the  board  of  railroad 
commissioners;  and  notice  of  the  time  and  place  of  such  sale  shall  be 
published  at  least  five  times  during  the  ten  days  immediately  preceding 
the  sale  in  each  of  at  least  three  of  such  daily  newspapers  as  may  be  pre- 
scribed by  said  board.  No  shares  shall  be  sold  or  issued  under  this  or 
the  preceding  section  for  a  less  amount  to  be  actually  paid  in  cash  than 
the  par  value  thereof. 

SECTION  3.  The  determination  by  the  board  of  railroad  commission- 
ers, under  the  provisions  of  section  sixty-five  of  said  Part  II  and  section 
one  hundred  and  seven  of  said  Part  IIIj  as  to  the  amount  of  stock  which 
is  reasonably  necessary  for  the  purpose  for  which  such  stock  has  been 
authorized  shall,  in  the  case  of  the  corporations  described  in  this  act,  be 
based  upon  the  price  at  which  such  stock  is  to  be  issued  as  fixed  by  the 
stockholders:  provided,  that  the  board  shall  refuse  to  approve  any  par- 
ticular issue  of  stock  if,  in  the  opinion  of  the  board,  the  price  fixed  by 
the  stockholders  is  so  low  as  to  be  inconsistent  with  the  public  interest. 

SECTION  4.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed,  so  far  as  they  apply  to  corporations  described  in  this  act. 

SECTION  5.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  13, 1908. 


PART  II.  —  OF   RAILROAD   CORPORATIONS.  69 


Acts  of  1909,  Chapter  369. 

An  Act  to  change  the  Date  when  Stockholders  in  Railroad  Corporations 
and  Street  Railway  Companies  may  subscribe  for  New  Stock. 

SECTION  1.  Section  one  of  chapter  six  hundred  and  thirty-six  of  the  IQOS,  636,  §  i, 
acts  of  the  year  nineteen  hundred  and  eight  is  hereby  amended  by  strik-  s^eldo^  455. 
ing  out  the  words  "the  date  of  the  vote  to  increase",  in  the  fourteenth 
line,  and  inserting  in  place  thereof  the  words :  —  at  such  date  as  shall  be 
designated  by  vote  of  the  directors  passed  after  the  approval  by  the 
board  of  such  issue,  —  by  striking  out  the  words  "the  date  of  the  vote 
to  increase",  in  the  seventeenth  line,  and  inserting  in  place  thereof  the 
words :  —  said  date  designated  by  vote  of  the  directors,  —  and  by  strik- 
ing out  the  words  "the  date  of  such  vote  to  increase",  in  the  nineteenth 
and  twentieth  lines,  and  inserting  in  place  thereof  the  words :  —  said  date 
designated  by  vote  of  the  directors,  —  so  as  to  read  as  follows:  —  Sec- 
tion 1.  [For  1908,  636,  §  1,  as  amended,  see  above.} 

[SECTION  66.     A   railroad   corporation,   unless   expressly   au-  Limit  of  issue 
thorized  by  its  charter  or  by  special  law,  shall  not  issue  bonds,  ^upon  notes 
coupon   notes  or  other  evidences  of  indebtedness  payable   at  evidence's  of 
periods  of  more  than  twelve  months  after  the  date  thereof  to  ^a^sfeTz 
an  amount  which,  including  the  amount  of  all  such  securities  i897!337;§2; 
previously  issued  and  outstanding,  exceeds  in  the  whole  the  Amended;' 
amount  of  its  capital  stock  at  the  time  actually  paid  in;  except  ^iniifi^. 
that,  with  the  approval  of  the  board  of  railroad  commissioners,  it  fsTsTraj,  §  is. 
may  issue  bonds,  coupon  notes  and  other  evidences  of  indebtedness  f 7  ^*'//P' 
payable  at  periods  of  more  than  twelve  months  after  the  date  *"&  1909< 3'69- 
thereof  to  an  amount  which,  including  the  amount  of  all  such  se- 
curities previously  issued  and  outstanding  may  equal,  but  shall 
not  exceed,  twice  the  amount  of  its  capital  stock  at  the  time  act- 
ually paid  in,  provided  that  such  securities  shall  be  secured  by 
a  mortgage  upon  all  the  property  and  franchises,   present  and 
future,  of  the  company  issuing  such  securities.     Such  mortgage 
shall  also  secure,  upon  equal  terms  with  such  new  securities,  all 
bonds,  coupon  notes  and  other  evidences  of  indebtedness  payable 
more  than  twelve  months  from  their  dates  previously  issued  by, 
or  the  payment  of  the  principal  of  which  shall  have  been  assumed 
or  guaranteed  by,  the  mortgagor,  and  shall  contain  a  covenant  on 
the  part  of  the  mortgagor  that  the  securities  which  may  be  secured 
by  such  mortgage  shall  not  exceed  in  amount  twice  the  amount  of 
the  capital  stock  of  the  mortgagor  company  actually  paid  in  at 
the  time  when  such  bonds  or  other  securities  shall  be  issued,  as 
determined   under    the    provisions    of   chapter   six    hundred   and 
twenty  of  the  acts  of  the  year  nineteen  hundred  and  eight,  but 
this  limitation  shall  not  apply  to  the  issue  of  bonds  for  the 
purpose  of  paying  and  refunding  at  maturity  bonds  lawfully 
issued  prior  to  the  second  day  of  June  in  the  year  eighteen 
hundred  and  ninety-seven;  nor  shall  it  apply  to  such  of  the 
bonds  issued  or  to  be  issued  under  a  mortgage  as  are  deposited 
to  retire  at  or  before  maturity  bonds  or  other  evidences  of  in- 
debtedness previously  issued  and  outstanding  at  the  date  of 
such  mortgage,  and  as  do  not  exceed  the  par  value  of  the  funded 


70  PART  II.  —  OF   RAILROAD   CORPORATIONS. 

or  other  debt  so  to  be  retired;  and  such  corporation  shall  not 
issue  the  securities  specified  in  this  section  unless  authorized 
by  vote  of  its  stockholders  at  a  meeting  called  for  the  purpose. 
Nothing  in  this  section  shall  be  construed  as  limiting  the  au- 
thority of  the  board  of  railroad  commissioners  under  section 
sixty-five  to  specify  the  respective  amount  of  stock  or  bonds  or 
coupon  notes  or  other  evidences  of  indebtedness  as  aforesaid  which 
are  authorized  to  be  issued  for  the  respective  purposes  to  which 
the  proceeds  thereof  are  to  be  applied.] 

Acts  of  1902,  Chapter  441. 
An  Act  to  authorize  Corporations  to  issue  Preferred  Stock. 

f  Sr^d  st^ck6"  SECTION  1.  Every  corporation  organized  under  the  laws  of  this  com- 
monwealth shall  have  power  to  issue  preferred  stock  to  an  amount  not 
exceeding  at  any  time  the  amount  of  the  general  stock  then  outstanding, 
with  such  preferences  and  voting  powers  or  restrictions  or  qualifications 
thereof  as  shall  be  fixed  and  determined  in  the  by-laws  at  the  organiza- 
tion of  the  corporation;  or  after  organization,  by  a  two  thirds  vote  of  all 
the  stock,  or  by  a  by-law  adopted  by  a  two  thirds  vote  of  all  the  stock, 
at  a  meeting  duly  called  for  the  purpose. 

general* laws11  SECTION  2.  Such  stock  shall  be  issued  subject  to  all  general  laws  of 
the  commonwealth  governing  the  issue  of  capital  stock;  and  each  certifi- 
cate subsequently  issued  of  stock  in  the  corporation  shall  have  fully  and 
plainly  printed  thereon  the  by-law  or  vote  of  the  corporation  authorizing 
the  issue  of  preferred  stock. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.     [Approved 
June  5, 1902. 

INVESTMENTS   IN   RAILROAD    BONDS. 

Acts  of  1908,  Chapter  590,  §  68. 

An  Act  to  codify,  revise  and  amend  the  Laws  relative  to  Savings  Banks 
and  Institutions  for  Savings. 

PART  V.  —  INVESTMENTS. 
£>™nd,od,  bji  „         SECTION  68.    Deposits  and  the  income  derived  therefrom  shall  be 

lyua,  4&i<  8  o;  , 

1910, 622,  §  w;  invested  only  as  follows :  — 

1912,  680; 
1913,291. 
Seel91S,lZ8.  RAILROAD  BONDS. 

Massachusetts  Railroads. 
y8?1  i^'  s  9R        Third,    a.  In  the  bonds  or  notes,  issued  in  accordance  with  the  laws 

jx.  AJ.  llo,  S  *"»  .          .  . 

ci.3,  c.  of  this  commonwealth,  of  a  railroad  corporation  incorporated  therein  the 

o/   railroad  of  which  is  located  wholly  or  in  part  therein,  which  has  paid  in 
{r    dividends  in  cash  an  amount  equal  to  not  less  than  four  per  cent  per 

*  (»  *        i  i       •  i        /*  1 

annum  on  all  its  outstanding  issues  of  capital  stock  in  each  fiscal  year 
for  the  five  years  next  preceding  such  investment,  or  in  the  first  mort- 
gage bonds  of  a  terminal  corporation  incorporated  in  this  commonwealth 
and  whose  property  is  located  therein,  which  is  owned  and  operated,  or 
the  bonds  of  which  are  guaranteed  as  to  principal  and  interest,  or  assumed, 
by  such  railroad  corporation.  Any  shares  of  the  capital  stock  of  a  rail- 
road corporation  leased  to  such  railroad  corporation,  which  are  owned 
by  said  lessee  corporation,  shall  not  be  considered  as  outstanding  within 
the  meaning  of  this  subdivision. 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


71 


SECTION  67.     The   supreme   judicial   court   or   the   superior  Enforcement 
court  shall  have  jurisdiction  in  equity,  upon  the  application  of  1894*450^ § a; 
the  board  of  railroad  commissioners,  of  the  attorney-general,  of  ^f'f  1: 
any  stockholder  or  of  any  interested  party,  to  enforce  the  pro-  ™^-  *™-    27 
visions  of  the  two  preceding  sections  and  all  lawful  orders  and 
decisions,  conditions  or  requirements  of  said  board  made  in  pur- 
suance thereof. 

SECTION  68.     A  director,  treasurer  or  other  officer  or  agent  Penalties. 
of  a  railroad  corporation,  who  knowingly  votes  to  authorize  the  452,  §2*;' 
issue  of,  or  knowingly  signs,  certifies  or  issues,  stock  or  bonds  R62L§io9,  §  28. 
contrary  to  the  provisions  of  sections  sixty-five  and  sixty-six,  or 
who  knowingly  votes  to  authorize  the  application,  or  knowingly 
applies  the  proceeds,  of  such  stock  or  bonds  contrary  to  the 
provisions  of  said  sections,  or  who  knowingly  votes  to  assume 
or  incur,  or  knowingly  assumes  or  incurs  in  the  name  or  behalf 
of  such  corporation,  any  debt  or  liability  except  for  the  legiti- 
mate purposes  of  the  corporation,  shall  be  punished  by  a  fine  of 
not  more  than  one  thousand  dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

SECTION  69.     If  a  corporation  which  owns  or  operates  a  rail-  New  shares  to 

,    .  .  .      ,  be  offered  to 

road  increases  its  capital  stock,  such  new  shares  as  are  neces-  stockholders 
sary  to  produce  the  amount  of  increased  capital  stock  which  oTcapHaT*8 
has  been  authorized  shall,  except  as  provided  in  the  following  fsTo.'m. 
section,  be  offered  proportionately  to  its  stockholders  at  such  llrs.'igf'j5!?' 
price  not  less  than  the  market  value  thereof  at  the  time  of  in-  zoj>-g  ^     ^ 
crease,  as  may  be  determined  by  the  board  of  railroad  commis-  l?72lf0i,*|1L. 
sioners,  taking  into  account  previous  sales  of  stock  of  the  cor-  ii2,'§5S; 
poration  and  other  pertinent  conditions,  which  determination  1393,  sis,  1 1. 
shall  be  in  writing  and  with  the  date  thereof  shall  be  certified  R89L;  toll  §  36. 
to  and  recorded  in  the  books  of  the  corporation.     The  directors, 
upon  the  approval  of  such  increase  as  provided  in  section  sixty- 
five,  and  the  determination  of  the  market  value  as  hereinbefore 
provided,  shall  cause  written  notice  of  such  increase  to  be  given 
to  each  stockholder  of  record  upon  the  books  of  the  corporation 
at  the  close  of  business  on  the  date  of  such  determination  by 
said  board,  stating  the  amount  of  such  increase,  the  number  of 
shares  or  fractions  of  shares  to  which  he,  according  to  the  pro- 
portionate number  of  his  shares  at  the  date  of  such  determina- 
tion, is  entitled,  the  price  at  which  he  is  entitled  to  take  them, 
and  fixing  a  time,  not  less  than  fifteen  days  after  the  date  of 
such  determination  by  said  board,  within  which  he  may  sub- 
scribe for  such  additional  stock.     Each  stockholder  may,  within 
the  time  limited,  subscribe  for  his  portion  of  such  stock,  which 
shall  be  paid  for  in  cash  before  the  issue  of  a  certificate  there- 
for. 

SECTION  70.     If  the  increase  in  the  capital  stock  which  is  stock  sold  at 
subject  to  the  provisions  of  the  preceding  section  does  not  ex-  1870,  179. 
ceed  four  per  cent  of  the  existing  capital  stock  of  the  corpora-  itVs.'iUfii;' 
tion,  the  directors,  without  first  offering  the  same  to  the  stock-  fgflfl^,  §  46. 
holders,  may  sell  them  by  auction  to  the  highest  bidder  at  not  j|^|- 1*- §  2- 
less  than  the  par  value  thereof  to  be  actually  paid  in  cash.  P-  s.  ioe,  §  40; 


72 


PART  II.  —  OF   RAILROAD  CORPORATIONS. 


iii1, 1 16.:  They  may  also  so  sell  at  public  auction  any  shares,  which,  after 
ISM'  472' §  2'  ^6  expiration  of  the  time  limited  in  the  notice  required  by  the 
R  L  2io9  s  si  Preceding  section,  remain  unsubscribed  for  by  the  stockholders 
entitled  to  take  them.  Such  shares  shall  be  offered  for  sale  in 
the  city  of  Boston,  or  in  such  other  city  or  town  as  may  be  pre- 
scribed by  the  board  of  railroad  commissioners;  and  notice  of 
the  time  and  place  of  such  sale  shall  be  published  at  least  five 
times  during  the  ten  days  immediately  preceding  the  sale  in 
each  of  at  least  three  of  such  daily  newspapers  as  may  be  pre- 
scribed by  said  board.  No  shares  shall  be  sold  or  issued  under 
this  or  the  preceding  section  for  a  less  amount  to  be  actually 
paid  in  cash  than  the  par  value  thereof. 

LOCATION  AND  CONSTRUCTION  OF  RAILROAD. 

Conditions  Precedent. 
Prerequisites         SECTION  71.     A  railroad  corporation  shall  not  locate  or  begin 

to  location  of  •  -i  i  i  i  •  » 

railroad.  to  construct  its  railroad  or  a  branch  or  extension  thereof,  or 

1852   *303    5  1 

G.  s!  63,  §  7. '  enter  upon  and  use  land  or  other  property,  except  for  making 
1871,333,  surveys,  until  a  sworn  estimate  of  the  total  cost  of  constructing 
1878,215,  ^g  same>  prepared  by  its  chief  engineer,  has  been  submitted 
§§82'4llf  to  the  board  of  railroad  commissioners  and  approved  by  it;  nor 
Fsl^ii'  136  until  said  board  is  satisfied  that  an  amount  of  the  capital  stock 
R.  L.'III,  §  ss.  of  the  corporation  equal  to  at  least  fifty  per  cent  of  such  esti- 
mated cost  has  been  actually  subscribed  by  responsible  parties 
without  any  condition  which  invalidates  the  subscription,  and 
that  twenty  per  cent  of  the  par  value  of  each  share  has  been 
actually  paid  in;  and  that  the  authority  and  consent  required 
by  section  eighty-two  have  been  obtained;  nor  until  the  clerk 
of  said  board,  upon  its  order,  has  filed  a  certificate  with  the 
secretary  of  the  commonwealth  that  the  provisions  of  this  sec- 
tion have  been  complied  with;  nor  until  the  corporation  has 
paid  to  the  secretary  a  fee  of  fifty  dollars  for  filing  such  cer- 
tificate. The  supreme  judicial  court  shall  have  jurisdiction  in 
equity,  if  said  board  certifies  a  location  before  ascertaining  that 
the  authority  and  consent  required  by  section  eighty-two  have 
been  obtained.  The  certificate  of  a  master  in  chancery  or  a 
justice  of  a  court  of  record  for  the  county  in  which  a  subscriber 
resides  that  he  owns  property  in  his  own  name  equal  in  value, 
above  all  encumbrances,  to  the  amount  of  his  subscription  shall 
be  conclusive  evidence  of  his  responsibility.  If  said  board  re- 
fuses its  approval  to  an  estimate  or  a  subscription  list  so 
submitted,  it  shall  in  writing  state  its  reasons  therefor  in  de- 
tail at  the  time  and  shall  include  them  in  its  next  annual 
report. 

Location  not         SECTION  72.     No  railroad  or  part  thereof  which  is  operated 

three  miles  of     by  steam  power  shall  hereafter  be  located  or  constructed  within 

1882, 2&5?e§  4.    three  miles  of  the  state  house  without  the  previous  consent  in 

R.  L.  in,  §  89.  writing  of  the  board   of  railroad   commissioners,   and   of  the 

board  of  aldermen  of  any  city  or  of  the  selectmen  of  any  town 

in  which  the  location  is  sought. 


PART  II.  —  OF   RAILROAD   CORPORATIONS.  73 


Revised  Laws,  Chapter  53,  §§  17,  19. 

SECTION  17.    No  highway,  town  way,  street,  turnpike,  canal,  rail-  not^bffaid 
road  or  street  railway  shall  be  laid  out  or  constructed  over  a  common  or  out  over  a 
park  dedicated  to  the  use  of  the  public,  or  appropriated  to  such  use  with-  i875™i63,e§ci. 
out  interruption  for  a  period  of  twenty  years;  nor  shall  any  part  of  such  f^Mass^le 
common  or  park  be  taken  for  widening  or  altering  a  highway,  town  way  ns  Mass.  soo. 
or  street,  except  with  the  consent  of  the  inhabitants  of  the  city  or  town,  184  Mass'  14°' 
after  public  notice,  given  in  the  manner  provided  in  cases  of  the  location 
and  alteration  of  highways,  stating  the  extent  and  limits  of  the  portion 
thereof  proposed  to  be  taken.    Such  consent  shall  be  expressed  by  vote 
of  the  inhabitants,  if  ten  or  more  voters  file  a  request  in  writing  to  that 
effect  with  the  selectmen  or  the  mayor  and  aldermen  within  thirty  days 
after  the  publication  of  the  notice;  in  the  absence  of  such  request,  con- 
sent shall  be  presumed. 

SECTION  19.    Land  of  a  public  institution  belonging  to  the  common-  Taking  of 
wealth  shall  not  be  taken  for  a  highway,  town  way,  street,  turnpike,  1pU1b1iccfnttitu- 
canal,  railroad  or  street  railway  without  leave  of  the  general  court.  V^?/6^1*^' 

Io75,  loo,  §  o. 
P.  S.  64,  §  15. 

Revised  Laws,  Chapter  87,  §  17.  f/_?f-  A-  G- 

*844 

SECTION  17.    The  land  now  held  and  which  may  hereafter  be  held  by  Lands  of 
the  trustees  of  any  state  insane  hospital  or  of  the  Massachusetts  hospital  to  be'Taken** 
for  dipsomaniacs  and  inebriates  in  trust  for  the  commonwealth,  for  the  forfi|tr|Sos'«  2 
use  of  the  hospital  of  which  they  are  trustees,  shall  not  be  taken  for  a  p.  s.*87,  §  3. ' 
street,  highway  or  railroad,  without  leave  of  the  general  court  specially  Jf^f ;  ^;  * 2- 

obtained. 

Revised  Laws,  Chapter  212,  §  69. 

SECTION  69.    Whoever  lays  out,  opens,  or  makes  a  highway  or  town  Making  road, 
way,  or  constructs  a  railroad  or  canal,  or  any  other  thing  in  the  nature  buCri'aihgroifnd. 
of  a  public  easement,  over,  through,  in  or  upon  any  part  of  an  enclosure,  J83;*.  *87'-|  \^ 
which  is  the  property  of  a  city,  town,  parish,  religious  society  or  of  pri-  GO';  so,  §^21. 
vate  proprietors  and  is  used  or  appropriated  for  the  burial  of  the  dead,  p.'  §.'  20?!  §  51! 
unless  authority  for  that  purpose  is  specially  granted  by  law,  or  unless 
the  consent  of  such  city,  town,  parish,  religious  society  or  proprietors, 
respectively,  is  first  obtained,  shall  be  punished  by  a  fine  of  not  more 
than  two  thousand  dollars  or  by  imprisonment  for  not  more  than  one 
year. 

Revised  Laws,  Chapter  28,  §  11. 

SECTION  1 1 .    Land  taken  for  or  held  as  a  park  by  cities  and  towns  Parks  to  be 
under  the  provisions  of  this  chapter  shall  be  forever  kept  open  and  main-  ISS^IM!  §  10. 
tained  as  public  parks;  but,  except  in  parks  in  the  city  of  Boston  and  in  }^3jJ^a  300 
parks  comprising  less  than  one  hundred  acres  in  extent,  structures  for 
shelter,  refreshment  and  other  purposes  may  be  erected  of  such  material 
and  in  such  places  as,  in  the  opinion  of  the  fire  commissioners,  if  any,  do 
not  endanger  buildings  beyond  the  limits  of  such  park;  and  the  provi- 
sions of  section  twenty  of  chapter  fifty-three  shall  not  apply  to  such 
buildings.     No  street  or  way  and  no  steam  railroad  or  street  railway 
shall  be  laid  out  over  any  portion  of  such  park  except  in  places  and  in 
the  manner  approved  by  the  board  of  park  commissioners. 

Revised  Laws,  Chapter  10,  §  20. 

SECTION  20.    The  land  now  taken  by  the  commonwealth  about  the  Land  around 
state  house  shall  remain  an  open  space,  and  no  railroad  or  railway  shall  remain°open  ° 
be  constructed  or  operated  in,  upon  or  over  the  same.    A  grant  made  to  1894-  532>  §  6- 
a  railroad  or  railway  corporation  shall  not  be  construed  to  include  any 
portion  of  said  land. 


74 


PAKT  II.  —  OF  RAILROAD  CORPORATIONS. 


Use  of  land 
held  by 
trustees. 
1895,  503,  §  2. 


Location  and 
construction. 
R.  S.  39,  §  54. 
1853,  351,  §  1. 
G.  S.  63,  §  17. 
1874,  372,  §  58. 
P.  S.  112,  §  88. 
R.  L.  Ill,  §  90. 
9  Met.  553. 
4Cush.  71. 
2  Gray,  574. 
4  Gray,  301. 
14  Gray,  93, 
553. 

109  Mass.  527. 
113  Mass.  277. 
118  Mass.  391. 
124  Mass.  368. 
134  Mass.  14. 
141  Mass.  481. 


1906,  463, 
Part  II,  §  73. 
amended. 


75. 
18. 
&58. 
§2. 


Filing  of  the 
location. 
R.  S.  39,  5 
G.  S.  63,  f 
1874,  372, 
1878,  135, 
1881,  111, 
§§3,4. 
P.  S.  112, 
§§  89,  136. 
R.  L.  Ill,  §91. 
2  Gray,  580. 
124  Mass.  118. 
127  Mass.  572. 
141  Mass.  481. 
143  Mass.  9. 
146  Mass.  194. 


Location  of 

Eurchased 
md. 

1895,  356. 
R.  L.  Ill,  §  92, 


Revised  Laws,  Chapter  88,  §  2. 

SECTION  2.  The  land  held  by  said  trustees  [of  the  Massachusetts 
state  sanatorium]  in  trust  for  the  commonwealth  for  the  use  of  said  sana- 
torium shall  not  be  taken  for  a  street,  highway  or  railroad  without  leave 
of  the  general  court  specially  obtained. 

Laying  out  Railroad. 

SECTION  73.  A  railroad  corporation  may  lay  out  its  rail- 
road not  more  than  five  rods  wide;  and  for  the  purpose  of  cut- 
tings, embankments,  and  for  procuring  stone  and  gravel,  and 
for  obtaining  land  for  stations,  car  houses,  roundhouses,  freight 
houses,  yards,  docks,  wharves,  elevators  and  other  structures  may 
purchase  or  take,  in  the  manner  provided  in  section  seventy-eight, 
so  much  more  land  as  may  be  reasonably  necessary  for  the  proper 
construction  and  security,  and  the  convenient  operation,  of  its 
railroad:  provided,  however,  that  the  powers  conferred  upon 
the  county  commissioners  by  said  section  seventy-eight  shall  under 
this  act  be  vested  in  the  board  of  railroad  commissioners. 

161  Mass.  387.  167  Mass.  369.  Amended.     1912,  725,  Part  II,  §  2. 

Acts  of  1912,  Chapter  725,  Part  II,  §  2. 

SECTION  2.  Section  seventy-three  of  Part  II  of  said  chapter  four  hun- 
dred and  sixty-three  is  hereby  amended  by  striking  out  all  of  the  said 
section  after  the  word  "cuttings",  in  the  third  line,  and  inserting  in  place 
thereof  the  words:  —  embankments,  and  for  procuring  stone  and  gravel, 
and  for  obtaining  land  for  stations,  car  houses,  roundhouses,  freight 
houses,  yards,  docks,  wharves,  elevators  and  other  structures  may  pur- 
chase or  take,  in  the  manner  provided  in  section  seventy-eight,  so  much 
more  land  as  may  be  reasonably  necessary  for  the  proper  construction 
and  security,  and  the  convenient  operation,  of  its  railroad :  provided,  how- 
ever, that  the  powers  conferred  upon  the  county  commissioners  by  said 
section  seventy-eight  shall  under  this  act  be  vested  in  the  board  of  rail- 
road commissioners,  —  so  as  to  read  as  follows :  —  Section  73.  [For  §  73, 
as  amended,  see  above.] 

SECTION  74.  The  corporation  shall,  within  one  year  after 
the  filing  of  the  certificate  of  the  clerk  of  the  board  of  railroad 
commissioners  with  the  secretary  of  the  commonwealth  as  pro- 
vided in  section  seventy-one,  file  with  the  commissioners  of  each 
county  through  which  the  railroad  passes  the  location  of  the 
railroad  as  laid  out,  defining  the  courses,  distances  and  bound- 
aries of  such  portion  of  it  as  lies  within  each  county,  certified 
by  the  clerk  of  said  board,  and  in  such  form  and  with  such 
other  particulars  as  may  be  required  by  the  rules  of  said  board; 
and  until  such  location  has  been  filed,  the  corporation  shall  not 
enter  upon  or  use  any  land  or  other  property,  except  for  mak- 
ing surveys.  The  supreme  judicial  court  shall  have  jurisdic- 
tion in  equity  of  any  violation  of  the  provisions  of  this  section 
by  any  entry  upon  or  use  of  lands. 

SECTION  75.  The  corporation  may,  within  one  year  after  it 
has  purchased  or  acquired  land  for  railroad  purposes,  file  with 
the  commissioners  of  each  county  in  which  such  land  is  situated 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  75 

a  location  thereof,  defining  the  courses,  distances  and  bound-  {^/J^^. 
aries  of  such  land  and  certified  by  the  clerk  of  the  board  of  ^»n»  locations, 
railroad  commissioners  in  such  form  and  with  such  other  par-  page  76.] 
ticulars  as  the  rules  of  said  board  may  require. 

SECTION  76.     A  railroad  corporation,  having  taken  land  for  Direction  of 
its  railroad,  may  vary  the  direction  of  said  railroad  in  the  city  varied?^ 
or  town  in  which  such  land  is  situated;  but  it  shall  not  locate  R831: 39  Vrl' 
any  part  thereof  outside  the  limits  of  the  route  fixed  under  the  ?874',372,§§359 
provisions  of  sections  twenty  and  twenty-one,  without  the  con-  ^- 1-  JJ2. 1  so- 
sent  in  writing  of  the  board  of  aldermen  or  selectmen,  if  it  was  1  Gray,  340. 

njj  •   •  f  ,       .  109  Mass.  528. 

fixed  under  the  provisions  ot  section  twenty,  or  of  the  board  of 
railroad  commissioners,  if  it  was  fixed  under  the  provisions  of 
section  twenty-one.  The  corporation  shall,  before  the  expira- 
tion of  the  time  required  for  completing  the  railroad,  file  with 
the  county  commissioners  the  location  of  the  different  parts 
where  such  variations  have  been  made;  but  the  time  for  com- 
pleting the  railroad  shall  not  be  extended  in  consequence  of 
such  variations. 

SECTION  77.    A  railroad  corporation,  with  the  approval  in  improvement 
writing  of  the  board  of  railroad  commissioners,  obtained  upon  i887.843oent 
petition,  and  after  notice  to  all  persons  interested,  and  a  hear-  fei^/asl1  leu' 
ing,  may,  for  the  purpose  of  improving  the  alignment  of  its 
railroad,  change  its  location,  subject  to  the  provisions  of  this 
act  relative  to  the  fixing  of  the  route  of  railroads,  the  laying 
out  of  the  same  and  the  taking  of  land  and  the  payment  of 
damages  therefor. 

SECTION  78.     If  a  railroad  corporation,  for  the  purpose  of  o^ilfe'iimltl? 
making  or  securing  its  railroad  or  for  depot  or  station  purposes,  gfx£?ute>  how 
requires  land  or  materials  outside  the  limits  of  the  route  fixed,  isss,'  us,  §  3. 
or  requires  additional  land  for  one  or  more  new  tracks  adja-  isss'.lt'i,  §  i. 
cent  to  other  land  occupied  by  such  corporation  by  a  track  or  fgVf,  Hs.Vi- 
tracks  already  in  use,  and  is  unable  to  obtain  it  by  agreement  fjfsfiss.  §  2 
with  the  owner,  it  may  apply  to  the  county  commissioners,  who,  *y|-  JJ|>  § 91- 
after  notice  to  the  owner,  and  a  hearing,  may  prescribe  the  ly*^"- §  95 
limits  within  which  it  may  be  taken  without  his  permission  in  ui  Mass!  48i! 
the   manner   hereinafter   provided ;  and  the   corporation   shall,  1/1  M™'. TJ.' 
within  one  year  after  the  decree,  file  with  the  commissioners  of  far/i/f '\if' 
each  county  in  which  the  land  is  situated,  a  location  thereof,  below- 
certified  by  the  clerk  of  the  board  of  railroad  commissioners, 
defining  the  courses,  distances  and  boundaries  thereof,  in  such 
form  and  with  such  other  particulars  as  the  rules  of  said  board 
may  require.     If  highways,  buildings,  parks  or  cemeteries  are  [See  i884, 134, 
to  be  taken,  the  consent  of  the  city  or  town  in  which  the  land  highways.} 
is  to  be  taken  shall  first  be  obtained;  but  nothing  herein  con- 
tained shall  be  construed  as  authorizing  such  taking,  or  alter- 
ing the  manner  thereof,  if  said  taking  is  otherwise  prohibited 
or  provided  for  by  law. 

Acts  of  1912,  Chapter  725,  Part  II,  §  1. 

SECTION  1.    A  railroad  corporation  is  hereby  authorized  and  empowered  [See  §78,  above.] 
to  purchase  or  take,  in  the  manner  provided  in  section  seventy-eight  of 
Part  II  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year 


76  PART  II.  —  OF  RAILROAD  CORPORATIONS. 

nineteen  hundred  and  six,  from  time  to  time  any  lands  or  rights  belong- 
ing to  any  other  railroad  or  other  public  service  corporation  not  necessary 
for  the  present  business  of  such  corporation  or  its  business  in  the  reason- 
ably near  future,  provided  that  this  act  shall  not  authorize  it  to  acquire 
by  eminent  domain  any  part  of  the  location  or  right  of  way  of  any  other 
railroad  or  street  railway  company  except  such  lands  or  rights  as  the 
board  of  railroad  commissioners  shall  adjudge  necessary  for  the  support, 
construction  and  repair  of  bridges  or  other  methods  of  crossing  such 
railroad  or  street  railway. 

Land  outside  SECTION  79.  Land  outside  the  limits  of  the  route  fixed  as 
1853, 35i,  §  3.  aforesaid,  which  is  taken  or  purchased  for  railroad,  depot  or 
1874, 372,  §  62.  station  purposes  shall  not  be  exempt  from  taxation. 

P.  S.  112,  §  92.  R.  L.  Ill,  §  96.  8  Gush.  237.  186  Mass.  128. 

1895,  356.  4  Met.  564.  185  Mass.  114. 

tivepriehtrim  SECTION  80.  No  length  of  possession  or  occupancy  of  land 
land  of  which  belongs  to  a  railroad  corporation  by  an  owner  or  occu- 

corporation.  *       J«    •    •          1        J        V    11  •       !_•  •  l_ 

1861, 100.  pier  or  adjoining  land,  shall  create  in  him  or  in  a  person  who 
§  107.  '  claims  under  him  a  right  to  such  land  of  the  corporation. 

P.  S.  112,  §  215.  146  Mass.  268.  197  Mass.  79.  212  Mass.  424. 

R.  L.  Ill,  §  271.  161  Mass.  283.  211  Mass.  175. 

Rules  as  to  SECTION  81.     The  board  of  railroad  commissioners  shall,  from 

form,  etc.,  of  .  i         »  •  ,  •    , 

records,  etc.      time  to  time,  prescribe  rules  relative  to  the  form  in  which  all 
p.  s.'  112',  §  93.  records  of  locations  of  railroads  shall  be  made,  the  particulars 
'  to  be  contained  therein  and  the  manner  in  which  such  records 
shall  be  uniformly  kept  for  preservation  and  convenient  refer- 
ence in  the  offices  of  the  clerks  of  the  several   counties.     No 
such  record  shall  be  filed  until  the  clerk  of  said  board  certifies 
thereon  that  it  has  been  prepared  in  conformity  with  the  rules  of 
said  board.* 

Taking  Land  and  Damages  therefor, 

foretaki^8ite8         SECTION  82.     No  railroad    corporation    shall   take,   by   pur- 
chase or  otherwise,  or  enter  upon  or  use,  except   for   making 
§§  1/4.  '         surveys,  any  land  or  other  property  for  the  construction  of  its 

*  The  rules  prescribed  by  the  Board  of  Railroad  Commissioners,  under  sections  75,  78  and  81 
of  Part  II.,  chapter  463  of  the  Acts  of  1906,  in  regard  to  records  of  land  purchased  or  acquired  for 
railroad  purposes,  or  of  railroad  locations,  and  the  manner  of  keeping  the  same,  are  as  follows: 

RULE  1.  Location  maps  shall  be  made  upon  a  scale  showing  not  more  than  four  hundred  feet 
to  the  inch,  upon  cloth-backed  paper,  and  shall  be  firmly  bound  for  record  in  books  eighteen  (18) 
inches  from  top  to  bottom,  and  thirty  (30)  inches  from  back  to  front. 

RULE  2.  Said  maps  shall  show  the  courses  of  the  tangents  and  the  radii  of  the  curves  of  the 
centre  line  of  the  railroad  in  question;  the  widths  of  land  taken,  specifying  such  width  on  each 
side  of  the  centre  line;  also  the  courses  of  the  division  lines  between  the  lots  over  which  the  loca- 
tion is  made,  and  the  distance  between  them  on  the  centre  line.  When  the  land  purchased  or 
taken  is  entirely  on  one-side  of  the  centre  line  of  location  or  outside  the  location,  the  description 
shall  be  ao  made  as  to  tie  the  boundary  lines  of  the  lot  to  the  centre  line  by  lines,  the  courses  and 
distances  of  which  from  a  fixed  point  or  points  on  said  centre  line  shall  be  given.  Where  but  one 
track  is  laid,  the  position  of  such  track  with  reference  to  the  centre  line  shall  also  be  shown,  in 
order  that  the  boundaries  of  land  may  hereafter  be  determined  by  measurements  from  the  track 
as  laid,  if  the  same  shall  not  have  been  changed.  Where  two  tracks  are  laid  it  shall  be  specified 
whether  the  centre  line  is  the  centre  line  of  one  of  them  or  is  midway  between  them. 

Note.  —  The  courses  called  for  above  may  be  either  magnetic  or  true,  but  the  maps  and  descrip- 
tions must  specify  which  are  given. 

RULE  3.  The  description  in  writing  must  in  all  cases  correspond  with  the  map,  and  the  two 
taken  together  must  have  the  substantial  certainty  and  precision  of  a  deed.  (2  Gray,  580.) 

RULE  4.  The  location  shall  be  certified  by  the  directors  of  the  corporation,  or  by  the  president, 
if  authorized  by  a  vote  of  said  directors. 

RULE  5.  The  location,  when  deposited  with  the  clerk  of  the  county  commissioners,  shall 
be  kept  for  preservation  and  convenient  reference  in  the  office  of  said  clerk,  in  a  cabinet  used 
exclusively  for  that  purpose,  and  furnished  with  shelves  sufficient  to  allow  at  least  one  separate 
shelf  for  the  maps  of  each  corporation  owning  a  railroad  within  the  county. 

RULE  6.  A  book  shall  be  kept  in  the  office  of  each  clerk,  in  which  shall  be  recorded  the  name 
of  every  location,  the  time  when  it  was  filed,  and  the  shelf  where  it  is  deposited. 

RULE  7.  No  location  after  it  has  once  been  filed  shall  be  taken  from  the  office  of  the  clerk 
for  any  purpose  except  upon  the  order  of  a  court  or  other  proper  authority. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  77 

railroad  or  of  any  branch  or  extension  thereof  until  the  county  P.  s.  112, 
commissioners  of  the  county  in  which  such  land  or  other  prop-  R.  L.'m%98. 
erty  is  situated,  after  hearing  the  parties,  have  determined  the 
manner  in  which  the  railroad  shall  cross  the  highways  and  other 
ways  within  such  county,  nor  until  it  has  obtained  from  the 
board  of  railroad  commissioners  the  consent  required  by  sec- 
tions one  hundred  and  seven  and  one  hundred  and  eleven  in  all 
cases  in  which  the  county  commissioners  adjudge  that  public 
necessity  requires  the  crossing  at  the  same  level;  and  notice  of 
such  hearing  shall  be  given  by  publication  for  three  successive 
weeks  in  one  or  more  newspapers  published  in  such  county,  the 
last  publication  to  be  at  least  seven  days  before  the  hearing. 
The  supreme  judicial  court  shall  have  jurisdiction  in  equity  of 
violations  of  the  provisions  of  this  section. 

[SECTION  83.     If  a  railroad  corporation  is  not  able  to  obtain  Taking  land, 
by  agreement  with  the  owner  the  land  or  materials  necessary  therefc™*8' 
for  its  purposes  as  described  in  sections  seventy-three,  seventy-  lUt;  if?!  f  L 
four,  seventy-six  and  seventy-eight,  it  may  take  the  same.     It  R  3|;  ^f • §  3- 
shall  pay  all  damages  caused  by  laying  out,  making  and  main-  ||j 65>  56- 63> 
taining  its 'railroad,  or  by  taking  land  or  materials  therefor;  Jf^-ggi'i, 
and  such  damages,  upon  the  application  of  either  party,  shall  1354!  44s',  §  33. 
be  estimated  by  the  county  commissioners  in  the  manner  pro-  §§  19, 21, 36, 
vided  with  reference  to  the  laying  out  of  highways;  and  if  it  is  1374,372,  §  cs. 
intended  to  take  land  or  materials,  application  may  be  made  R  f,4  }}f;  f  99; 
before  the  actual  taking  and  appropriation  thereof.]  33M<itk38o6' 

3  Cush.  107.  4  Gray,  301.  107  Mass.  352.          127  Mass.  571.      Repealed. 

4  Cush.  291,467.      14  Gray,  553.  109  Mass.  527.  141  Mass.  174.      See  1912,  725, 

10  Cush.  385.  7  Allen,  313.  113  Mass.  52,  277.  144  Mass.  139.  Part  II,  §  3, 

11  Cush.  506.  14  Allen,  57.  121  Mass.  124.  152  Mass.  506.  below. 

12  Cush.  224,  605.  103  Mass.  1, 10.  124  Mass.  118.  178  Mass.  76.  213  Mass.  19. 
2  Gray,  1.  105  Mass.  303.  125  Mass.  1.  182  Mass.  351. 

Section  83.  If  a  railroad  corporation  is  not  able  to  obtain  §  ss  as 
by  agreement  with  the  owner,  the  land  necessary  for  the  location  " 
of  its  railroad  as  described  in  sections  seventy-three,  seventy-four  Part  n' §  3' 
and  seventy-six,  it  may  take  the  same,  and  for  that  purpose  shall 
file  with  the  board  of  railroad  commissioners  the  location  of  the 
railroad  which  it  desires  to  lay  out  and  construct,  defining  the 
courses,  distances  and  boundaries,  in  such  form  and  with  such 
plans  and  particulars  as  may  be  required  by  the  rules  of  said 
board.  The  filing  of  the  said  location  with  the  said  board  shall 
operate  as  a  taking  of  the  lands,  buildings,  rights,  easements 
and  property  included  and  described  therein,  except  as  hereinafter 
otherwise  provided.  Within  ten  days  after  the  filing  of  the  said 
location  with  the  said  board,  the  corporation  shall  submit  to  the 
board  of  aldermen  of  every  city,  and  to  the  selectmen  of  every 
town  through  which  the  route  of  a  proposed  railroad  passes,  a 
copy,  duly  certified  by  the  clerk  of  the  board  of  railroad  commis- 
sioners, of  so  much  of  the  said  location  as  applies  to  that  part  of 
the  said  railroad  which  lies  within  the  limits  of  such  city  or 
town.  The  board  of  aldermen  or  the  selectmen  shall  thereupon 
appoint  a  time  and  place  for  a  hearing  in  the  manner  provided 
by  section  nineteen. 

If  the  board  of  aldermen  of  such  city,  or  the  selectmen  of  such 


78 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 

town,  after  notice  and  hearing  as  aforesaid,  shall  agree  with  the 
directors  as  to  said  location,  or  as  to  any  location  of  the  said 
railroad  in  that  city  or  town,  they  shall  in  such  agreement  fix 
the  route,  and  sign  and  give  to  the  directors  a  certificate  setting 
it  forth,  and  shall  make  report  of  their  action  to  the  board  of  rail- 
road commissioners  within  sixty  days  after  the  said  copy  has 
been  submitted  to  them  as  hereinbefore  provided.  If  they  fail  so 
to  agree  within  sixty  days  after  said  corporation  has  submitted 
the  location  of  the  route  to  the  board  of  aldermen  or  to  the  select- 
men, the  directors  shall,  within  sixty  days,  petition  the  board  of 
railroad  commissioners  to  fix  the  route  in  that  city  or  town,  and 
the  board,  after  notice  to  the  board  of  aldermen  or  to  the  selectmen, 
shall  forthwith  hear  the  parties  and,  within  ninety  days,  fix  the 
route  in  that  city  or  town,  and  shall  make  a  certificate  setting 
forth  the  route  so  fixed,  which  shall  be  certified  by  its  clerk  and 
the  board  of  directors.  The  costs  of  the  petition  shall  be  paid  by 
the  corporation.  The  said  board  of  railroad  commissioners  shall 
by  order  finally  fix  the  location  of  the  said  railroad  in  accordance 
with  the  original  location  as  varied  in  the  said  certificate,  and 
within  sixty  days  thereafter  the  corporation  shall  file  with  the 
county  commissioners  of  each  county  through  which  the  railroad 
passes  a  copy,  duly  certified  by  the  clerk  of  the  board  of  railroad 
commissioners,  of  so  much  of  said  location  as  lies  within  the 
limits  of  that  county:  provided,  however,  that  the  foregoing  pro- 
visions relating  to  fixing  the  route  by  the  boards  of  aldermen  and 
by  the  selectmen  or  by  the  railroad  commissioners  shall  not  apply 
to  an  electric  railroad  company,  the  route  of  whose  railroad  has 
been  previously  fixed  by  the  boards  of  aldermen  and  by  the  select- 
men or  by  the  railroad  commissioners  under  chapter  five  hundred 
and  sixteen  of  the  acts  of  the  year  nineteen  hundred  and  six  and 
acts  in  amendment  thereof  and  in  addition  thereto. 

The  said  railroad  company  having  taken  land  for  its  railroad 
as  aforesaid  may  vary  the  direction  of  said  railroad  in  any  city 
or  town  in  accordance  with  the  provisions  of  section  seventy-six; 
but  the  location  of  parts  where  such  variations  have  been  made 
shall  be  filed  with  the  board  of  railroad  commissioners,  and  a 
co/ii/  thereof  with  the  county  commissioners  of  each  county  within 
which  any  such  variation  is  made.  If  the  board  of  aldermen  of 
any  city  or  the  selectmen  of  any  town  whose  consent  is  required 
to  such  change  of  direction  shall  neglect  or  refuse  to  give  such  con- 
sent within  sixty  days  after  the  railroad  company  has  in  writing 
requested  the  same,  the  directors  may  petition  the  board  of  railroad 
commissioners  for  leave  to  make  such  change  of  direction.  The 
powers  conferred  upon  county  commissioners  by  section  ninety-two 
ulnill,  under  this  act,  be  vested  in  the  board  of  railroad  com- 
missioners. 

In  so  far  as  the  said  route,  as  finally  fixed  by  the  board  of 
railroad  commissioners,  shall  differ  from  the  original  location 
filed  by  the  said  corporation  with  the  board,  the  original  route 
shall  be  held  to  be  abandoned,  and  the  rights  of  all  persons  in- 
terested in  so  much  of  the  said  route  as  is  included  within  tlie 


PART  II.  —  OF   RAILROAD   CORPORATIONS.  79 

abandoned  part  shall  revive  and  be  as  if  no  location  had  been  filed. 
And  so  far  as  the  location  as  changed  shall  take  lands,  buildings, 
rights  or  other  property  not  included  in  the  original  location,  such 
lands,  buildings,  rights  or  other  property  shall  be  deemed  to  have 
been  taken  at  the  time  when  the  order  of  the  board  of  railroad 
commissioners  finally  fixing  the  location  was  passed.  All  persons 
who  shall  sustain  any  injury  through  the  location  as  finally  fixed 
shall  have  their  damages  assessed  in  the  manner  now  provided  by 
law,  upon  application  duly  made  icithin  three  years  after  the  date 
ichen  said  location  was  fixed,  and  any  person  who  has  suffered 
loss  or  been  put  to  expense  by  having  his  lands,  buildings,  rights 
or  other  property  included  in  the  original  location,  but  not  in- 
cluded in  the  final  location,  shall  be  entitled  to  have  his  damages 
therefor  assessed  in  like  manner,  but  the  value  to  him  of  the  use 
of  the  land  between  the  time  of  said  location  and  the  abandonment 
thereof  shall  be  taken  into  consideration  in  determining  the  sum 
to  which  he  is  entitled.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  section  are  hereby  repealed. 

Acts  of  1912,  Chapter  725,  Part  II,  §  3. 

SECTION  3.    Part  II  of  said  chapter  four  hundred  and  sixty-three  is  1906,463, 
hereby  further  amended  by  striking  out  section  eighty-three  and  insert-  amendld^83 
ing  in  place  thereof  the  following:  —  Section  83.    [For  §  83  as  amended, 
see  above.] 

SECTION  84.     No  application  to  the  countv  commissioners  to  Limitation  of 

.  .  *        i        j  i  1111  applications. 

estimate  damages  tor  land  or  other  property  taken  shall,  except  isss,  is?,  §  i. 
as  is  provided  in  sections  ninety-eight  to  one  hundred,  inclu-  G!  s.  es!  §  29! 
sive,  be  sustained,  unless  it  is  made  within  three  years  after  the  lies!  se3' 

filing  Of  the   location.      R.  L.  Ill,  §  100.  7  Met.  78.         7  Gray,  389,  450.  pfiuJiJt 

SECTION  85.     Upon  application  to  the  county  commissioners  Securities  for 


by  either  party  for  an  estimate  of  damages,  they  shall,  if  re-       age 


quested  by  the  owner,  require  the  corporation  to  give  security  Ifjjij;  \ll't  f  f  ; 
to  their  satisfaction  for  the  payment  of  all  damages  and  costs  issl^jV51' 
which  may  be  awarded  by  them  or  by  a  jury  for  the  land  or  G^S  .  ||^§§3|: 
other  property  taken;  and  if,  upon  petition  of  the  owner  and  P.  s.'  112!  §97. 
notice  to  the  adverse  party,  any  security  taken  appears  to  them  §  loi. 
to  have  become  insufficient,  they  shall  require  the  corporation  153  MaS;  ses. 
to  give  further  security  to  their  satisfaction. 

SECTION  86.     After   the   county   commissioners   have    made  Tender  to 
their  estimate,  the  corporation  may  tender  to  the  owner  of  the  isss,  IST,  §  4. 
land  or  other  property  the  amount  of  damages  estimated,  in  §!  s!  ol;  §  35! 
full  satisfaction  thereof,  with  costs.  R-  L-  m.  §  102.  P87|;  ^|  |  gj. 

SECTION  87.     Either  party,  if  dissatisfied  with  the  estimate  Application 
of  the  county  commissioners,  may,  at  any  time  within  one  year  isss,  is?.  §  i. 
after  it  has  been  completed  and  returned,  apply  for  a  jury  to  R^S'SO?' 
assess  the  damages.     If  no  such  application  is  made,  the  com-  ff^ls,  §  3. 
missioners,  after  the  expiration  of  said  year,  may  issue  a  war-  ^|'  jj!1-  »  l- 
rant  of  distress  to  compel  the  payment  of  the  damages,  with  y^3?- 
interest  and  costs.  1874!  372;  §  67. 

P.  S.  112,  §  99.  21  Pick.  258.  119  Mass.  485.  128  Mass.  347. 

R.  L.  Ill,  §  103.  1  Gray,  72.  125  Mass.  483.  139  Mass.  173. 


80 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Proceedings. 
1833,  187, 
§§1,4. 
R.  S.  39, 
§§  56,  62. 
1836,  278,  §  2. 
1841,  125,  §  3. 
1849,  153. 
G.  S.  63, 
§§21,35. 
1874,  372,  §  68. 
P.  S.  112,  §100. 
R.  L.  Ill, 
§104. 

13  Met.  316. 
3  Cush.  25. 
8  Cush.  218. 
102  Mass.  116. 
135  Mass.  570. 
139  Mass.  213. 
Damages, 
when  payable. 

1847,  259,  §  3. 
1855,  9,  §  2. 
G.  S.  63,  §  33. 
1874,  372,  §  69. 
P.  S.  112, 
§101. 

Plan  of  land 
to  owner. 
Fencing. 
1833,  187,  §  2. 
R.  S.  39,  §  60. 

1848,  327,  §  2. 
G.  S.  63,  §  45. 
1874,  372,  §  70. 
P.  S.  112, 
§102. 

R.  L.  Ill, 
§106. 

145  Mass.  450. 

146  Mass.  194. 

Right  to  use 
of  land  sus- 
pended, when. 
1833,  187, 
§§  2,  3. 
R.  S.  39, 
§§  60,  61. 

1854,  2. 

1855,  9,  • 
G.  S.  63, 

§§  32-34,  45. 

1874,  372, 

§§  65,  67,  69, 

70,  72. 

P.  S.  112, 

§§  97,  99,  101, 

102,  104. 

R.  L.  Ill, 

§107. 

127  Mass.  50. 


Change  of 
location  by 
county  com- 
missioners, 
when. 

1872,  53,  §  13; 
180,  §  3. 
1874,  372,  §  71. 
P.  S.  112, 
§103. 
R.  L.  Ill, 
§  108. 

See  191S,  725, 
Part  I,  §  6. 


1-3. 


SECTION  88.  When  either  party  applies  for  a  jury  to  assess 
the  damages,  the  proceedings  shall  be  the  same  as  are  provided 
for  the  recovery  of  damages  in  the  laying  out  of  highways;  but 
upon  such  application,  the  prevailing  party  shall  recover  costs. 
If  the  owner  has  refused  the  tender  specified  in  section  eighty- 
six,  he  shall  pay  all  costs  caused  by  the  application  and  arising 
after  the  tender,  unless,  upon  the  final  hearing,  he  recovers  a 
greater  amount  of  damages  than  the  amount  tendered.  If  the 
corporation  applied  for  the  jury,  and  upon  the  final  hearing 
the  damages  estimated  by  the  county  commissioners  are  not  re- 
duced, it  shall  pay  all  costs  caused  by  the  application. 

SECTION  89.  If  the  corporation  does  not  pay  the  amount  of 
damages  awarded  by  the  jury  within  thirty  days  after  such 
award,  a  warrant  of  distress  or  execution  may  issue  to  compel 
the  payment  thereof  with  costs  and  interest. 

R.  L.  Ill,  §  105.  127  Mass.  50. 

SECTION  90.  After  a  railroad  corporation  has  taken  land  or 
other  property  in  the  manner  hereinbefore  authorized,  it  shall, 
before  constructing  the  railroad,  furnish  a  plan  of  the  land  to 
the  owner,  and,  upon  request  of  the  owner  or  occupant,  shall 
fence  it,  and,  upon  demand  made  by  the  owner  of  such  other 
property  within  three  years  after  the  taking  thereof,  shall,  within 
thirty  days,  furnish  him  with  a  plan  or  description  thereof  in 
writing. 

SECTION  91.  All  the  right  and  authority  of  a  railroad  cor- 
poration to  enter  upon  and  use  land  or  property  taken  by  it, 
except  for  making  surveys,  shall  be  suspended  until  it  gives  the 
security  required  by  section  eighty-five;  or,  if  for  thirty  days 
after  a  warrant  has  issued  under  the  provisions  of  section 
eighty-seven,  it  neglects  to  pay  the  same,  until  payment 
thereof;  or  until  it  satisfies  a  warrant  or  execution  issued  under 
the  provisions  of  section  eighty-nine;  or  until  it  delivers  a 
description  or  plan  as  prescribed  by  section  ninety;  and  during 
the  time  in  which  its  right  to  enter  upon  or  use  land  or  other 
property  is  so  suspended,  the  supreme  judicial  court,  upon 
petition  of  an  owner  of  the  land  or  other  property,  shall  have 
jurisdiction  in  equity  to  prohibit  and  restrain  the  corporation 
from  entering  upon  or  using  such  land  or  property. 

SECTION  92.  An  owner  of  land  who  is  aggrieved  by  the  loca- 
tion of  a  railroad  crossing  his  land  in  such  manner  as  to  be  of 
grievous  damage,  which  could  be  avoided  without  serious  injury 
to  others,  may,  within  thirty  days  after  receiving  the  plan  of 
his  land,  as  provided  in  section  ninety,  petition  the  commis- 
sioners of  the  county  in  which  the  land  lies,  who  shall  give 
notice  and  hear  the  parties,  either  at  their  regular  meeting  or  at 
a  meeting  called  by  their  chairman  for  the  purpose.  If  it  ap- 
pears that  such  location  will  greatly  and  unnecessarily  damage 
the  petitioner,  and  that  it  can  so  be  changed  as  entirely  or 
partly  to  avoid  such  damage  without  material  detriment  to  the 
line  of  the  railroad  and  without  great  injury  to  other  parties, 
the  commissioners  shall  change  such  location  accordingly. 


PART  II.  —  OF  RAILROAD  CORPORATIONS.  81 

They  shall  give  to  each  party  a  certificate  of  their  determina- 
tion within  sixty  days  after  receiving  the  petition.  The  com- 
pensation of  the  commissioners,  not  exceeding  five  dollars  each 
a  day  and  their  necessary  expenses,  which  shall  be  retained  to 
their  own  use,  and  the  costs  of  the  petition,  shall  be  paid  by  the 
corporation;  but  if  the  commissioners  decide  that  the  petition 
was  frivolous,  such  compensation,  expenses  and  costs  shall  be 
paid  by  the  petitioner. 

SECTION  93.     If  land  which  is  owned  by  one  person  lies  con-  jurisdiction  of 
tiguously  in  different  counties,  an  application  for  damages  under  ovTrTnThT8 
the  provisions  of  section  eighty-three  may  be  made  by  the  coSnUes.us 
owner  of  the  land  to  the  commissioners  of  any  of  such  counties;  \l&f'j' 
and  the  commissioners  of  the  county  to  whom  application  is  ^  |.  63^  §23^ 
first  made  shall  have  exclusive  jurisdiction,  with  like  powers  and  P.  s/m,' 
duties  as  are  set  forth  in  said  section  and  in  section  one  hun-  R.  L°'IH. 
dred  and  one;  and  either  party  may  apply  for  a  jury  as  pro-  § 
vided  in  section  eighty-seven,  and  such  jury  shall  be  from  the 
same   county  as  the  commissioners,   and   shall  estimate  such 
damages  as  though  the  land  lay  entirely  in  one  county. 

SECTION  94.     If  land  or  other  property  of  a  person  who  is  Guardian  or 
under  guardianship,  or  if  land  which  is  held  in  trust,  is  taken  release  dam- 
for  the  use  of  a  railroad,  the  guardian  or  trustee  may  release  all  RBes.  39,  §  93. 
damages,  in  like  manner  as  if  the  land  or  other  property  were  f874  3?2§§274 
held  in  his  own  right.  R.L.'m.'l no! 

SECTION  95.     If  a  tenant  for  life  or  for  years  and  the  re-  Assessment  of 
mainderman  or  reversioner  claim  damages  for  the  laying  out  or  d^lnt  in- 
alteration  of  a  railroad,  or  if  it  appears  that  the  real  estate  issT^o, 
taken  or  affected  is  encumbered  by  a  contingent  remainder,  ex-  ^  |- 13  §  25 
ecutory  devise  or  power  of  appointment,  the  damages  shall  be  JJJ74,  *h>  §  75. 
assessed  and  paid  over  and  disposed  of  in  the  manner  provided  iM-'4 •' 
in  sections  seventeen,  eighteen,  nineteen  and  twenty-six  of  chap-  §  107. 
ter  forty-eight  of  the  Revised  Laws  relative  to  damages  assessed  fin.111' 
in  like  cases  in  laying  out  highways. 

Revised  Laws,  Chapter  '48,  §§  17,  18,  19,  26. 

SECTION  17.    If  a  tenant  for  life  or  for  years  and  the  remainderman  Damages  of 
or  reversioner  sustain  damages  in  their  property  by  the  laying  out,  relo-  h'avi^dif- 
cation,  alteration  or  discontinuance  of,  or  by  specific  repairs  on,  a  high-  ^g^T?^8' 
way,  or  if  the  property  is  encumbered  by  a  contingent  remainder,  execu-  is'si',  200,  §  i'. 
tory  devise  or  power  of  appointment,  entire  damages,  or  an  entire  amount  fsVl',  iiVf  H- 
as  indemnity,  shall  be  assessed  without  apportionment  thereof;    and  Fjfo4™ 
shall  be  paid  to,  or  be  recoverable  by,  any  person  whom  the  parties  may  1883/253. 
appoint,  and  be  held  in  trust  by  him  for  their  benefit  according  to  their  fo6  Mass!  547. 
respective  interests.    The  trustee  shall,  from  the  income  thereof,  pay  to  ™|  Mass.  535. 
the  reversioner  or  remainderman  the  value  of  any  annual  rent  or  other  121  Mass!  453! 
payment  which  would,  but  for  such  damages,  have  been  payable  by  the  j|f  ulfa.  207'. 
tenant,  and  the  balance  thereof  to  such  tenant  during  the  period  for  149  Mass.  176. 

'    .  i*      •        i  i  •  •  i      11  i        1<°  Mass.  76, 

which  his  estate  was  limited,  and  upon  its  termination,  he  shall  pay  the  172,135,382. 
principal  to  the  reversioner  or  remainderman.  195  Mass.  64. 

SECTION  18.    The  amount  so  to  be  placed  in  trust  shall  include  only  Certain  dam- 
the  damages  assessed  to  the  whole  property  when  the  value  thereof  is  |^frdedbe 
ascertained;  and  any  damage  special  to  a  separate  estate  therein,  and  all  separately. 


82 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


1874,  388.  §  3. 
P.  S.  49,  §  27. 
168  Mass.  366. 
195  Mass.  64. 

Trustee  in  cer- 
tain cases  to  be 
appointed  by 
probate  court. 
1851,  290,  §  2. 
G.  S.  43,  §  18. 

1875,  117,  §2. 
P.  S.  49, 

§§  19,  29. 
126  Mass.  384. 
133  Mass.  207. 
178  Mass.  76. 
192  Mass.  486. 


Tenant  in  pos- 
session may 
apply  for  a 
jury;  or  the 
trustees. 
1875,  117, 
§§  3,  4. 
P.  S.  49,  §  30. 


Assessment 
of  damages 
when  lands 
are  mortgaged. 
1855,  247, 
§§  1,4,5. 
G.  S.  63,  §  26. 
1874,  372,  §  76. 
P.  S.  112, 
§  108. 
R.  L.  Ill, 
§  112. 

5  Gray,  470. 
126  Mass.  4. 
178  Mass.  76. 


Apportion- 
ment of  dam- 
ages. 

1855,  247, 
§§  1-3- 

G.  S.  63,  §  27. 
1874,  372,  §  77. 
P.  S.  112, 
§109. 
R.  L.  Ill, 
§  113. 
5  Gray,  470. 


Disposition  of 
damages  for 
land  of  mar- 
ried woman 
taken  for  rail- 
road, etc. 


interest  or  other  earnings  which  accrue  between  the  taking  and  the 
receipt  by  the  trustee  of  the  damages  to  the  whole  property,  shall  be 
awarded  in  the  same  proceedings  separately. 

SECTION  19.  If  a  person  having  an  interest  in  such  property  is,  by 
reason  of  legal  disability,  incapable  of  choosing 'a  trustee,  or  is  unascer- 
tained or  not  in  being,  or  if  the  parties  cannot  agree  upon  a  choice,  the 
probate  court  of  the  county  in  which  the  property  is  situated  shall,  upon 
application  of  the  county  commissioners  or  of  any  persons  interested  or 
of  any  other  person,  in  behalf  of  such  persons,  whether  in  being  or  not, 
as  may,  by  any  possibility  be  or  become  interested  in  said  property, 
appoint  a  trustee,  who  shall  give  to  the  judge  of  probate  a  bond  with 
such  sureties  and  in  such  sum  as  the  judge  may  order,  conditioned  for 
the  faithful  performance  of  his  duties. 

SECTION  26.  The  tenant  in  possession  of  land  which  is  encumbered 
by  a  contingent  remainder,  executory  devise  or  power  of  appointment 
may,  subject  to  the  provisions  of  section  twenty-eight,  apply  for  a  jury 
to  revise  the  judgment  of  the  commissioners  in  the  assessment  of  dam- 
ages; and  if  he  fails  so  to  apply  within  the  first  six  months  of  such  year, 
said  trustees  may  within  the  remaining  six  months  thereof  apply  for  such 
jury. 

SECTION  96.  If  the  land  is  mortgaged,  both  the  mortgagor 
and  the  mortgagee,  in  addition  to  their  rights  under  the  mort- 
gage, shall  have  the  same  powers,  rights  and  privileges,  and  be 
subject  to  the  same  liabilities  and  duties,  as  are  provided  in 
this  act  for  land  owners  in  cases  of  damages  arising  under  the 
provisions  of  section  eighty-three;  and  all  petitions  for  the  esti- 
mation of  such  damages  shall  state  all  mortgages  which  are 
known  by  the  petitioner  to  exist  upon  the  premises.  Mort- 
gagors and  mortgagees  may  join  in  any  such  petition,  and  the 
tribunal  to  which  it  is  presented  shall  order  the  petitioner  to 
give  notice  thereof  to  all  such  mortgagors  or  mortgagees,  by 
serving  on  each  of  them,  fourteen  days  at  least  before  the  time 
of  hearing,  an  attested  copy  thereof  and  of  the  order  thereon, 
that  they  may  become  parties  to  the  proceedings. 

SECTION  97.  If  mortgagors  or  mortgagees  begin  or  become 
parties  to  such  proceedings,  entire  damages  shall,  upon  final 
judgment,  be  assessed  for  the  property  taken,  and  such  portion 
thereof  as  is  equal  to  the  amount  then  unpaid  thereon  shall  be 
ordered  to  be  paid  to  every  mortgagee  who  is  a  party  in  the 
order  of  his  mortgage,  and  the  remainder  to  the  mortgagor;  and 
separate  judgment  shall  be  entered  accordingly  for  each  mort- 
gagee, who  shall  hold  his  judgment  in  trust,  first,  with  any  pro- 
ceeds realized  thereon,  to  satisfy  his  mortgage  debt,  and,  after 
such  debt  is  in  any  way  satisfied,  to  assign  the  judgment  or  pay 
over  any  remainder  of  proceeds  to  the  mortgagor  or  other  per- 
son entitled  thereto. 

Revised  Laws,  Chapter  153,  §  13. 

SECTION  13.  If  real  property  of  a  married  woman  is  taken  for  a  rail- 
road, a  way  or  any  other  public  use,  or  is  damaged  by  the  laying  out  of 
a  railroad,  way  or  by  any  other  public  works,  the  damages  or  compensa- 
tion awarded  therefor  may  be  so  invested  and  disposed  of  as  to  secure  to 


PART  II.  —  OF  RAILROAD   CORPORATIONS.  83 

her  the  same  rights  in  the  amount  so  awarded  and  the  income  thereof  as  isss,  146. 
she  would  have  had  in  the  real  property  and  the  income  thereof  if  such  §!  s.  wb?|  ii. 
real  property  had  not  been  so  taken  or  damaged.    The  probate  court  ^  pick47i'ol  14' 
shall  have  concurrent  jurisdiction  in  equity,  upon  the  petition  of  such 
woman,  to  hear  and  determine  it  and  to  enforce  and  secure  her  rights. 

Revised  Laws,  Chapter  48,  §  114. 

SECTION  114.    If  mortgaged  land  is  taken  for  public  uses  under  au-  Proceedings 
thority  of  law,  both  mortgagors  and  mortgagees,  in  addition  to  their  ga^^^" 
rights  under  the  mortgage,  shall  have  the  same  powers,  rights  and  privi-  is  taken. 
leges  and  be  subject  to  the  same  liabilities  and  duties  as  are  provided  in  p.  s.'  49,  §  no. 
sections  one  hundred  and  twelve  and  one  hundred  and  thirteen  of  chap-  ]J£  ^^-  1^|- 
ter  one  hundred  and  eleven  in  the  case  of  mortgaged  lands  so  taken  by  190  Mass.  101. 
railroad  corporations. 


SECTION  98.     If  the  time  for  locating  or  constructing  a  rail-  ^te^sir°p  of 
road  shall  be  extended  by  statute,  all  unsettled  claims  against  tiion  to  revive 
the  corporation  for  damages  to  land  shall  be  revived,  and  the  ise^ios. 
claimants  for  such  damages  may  apply  to  the  county  commis-  p87s.'n7|,'  §  78' 
sioners,  or  for  a  jury,  if  the  estimate  of  the  commissioners  has  f^'m 
been  completed  and  returned,  within  one  year  after  the  passage  §  n*- 
of  such  statute.     The  provisions  of  this  section  shall  not  include 
cases  in  which,  by  reason  of  a  defect  in  the  original  location  of 
a  railroad  already  constructed,  a  new  location  is  rendered  nec- 
essary. 

SECTION  99.     If  a  suit  is  brought  in  which  the  right  of  the  Application 
corporation  to  lay  out  and  construct  its  railroad  on  a  particular  ^thin^ne68 
location  is  drawn  in  question,  an  application  to  the  county  Sn^to*6" 
commissioners  for  the  estimation  of  damages  caused  by  the  ^^on  of 
taking  of  land  or  property  within  such  location  may  be  made  R83J']g8>Ag- 
within    one   year   after   the   final   determination   of   such   suit  G!  s!  63,'  §  so.' 

,,  .,        .«  i  .,    .      i  .,,.  .,         1874,372,179. 

upon  the  merits,  11  such  suit  is  brought  within  one  year  alter  p.  s.  112, 
the  time  of  such  taking,  or  is  brought  for  the  purpose  of  try-  UiU'm, 
ing  the  same  right  which  was  drawn  in  question  in  an  earlier  |  Q^;y>  450 
suit  which  was  begun  within  one  year  after  the  time  of  taking  137  Mass-  478- 
and  which  failed  for  want  of  jurisdiction,  defect  of  form  or 
other  like  cause  which  was  not  decisive  of  the  merits  of  the 
controversy,  and  is  brought  within  six  months  after  the  de- 
termination of  such  former  suit. 

SECTION  100.     If  a   person   applies  for  an   estimate   of  his  New  appiica- 
damages  within  the  time  limited  by  law,  or  applies  for  a  jury  ceecUng^we 
to  assess  the  damages,  or  is  a  party  to  such  application  by  an-  isl^m,  §  2. 
other  person  for  a  jury,  and  the  petition  or  other  proceeding  is  fgvt.lfb.Vsb. 
quashed,  abated  or  otherwise  avoided  or  defeated  for  any  in-  f"-^112' 
accuracy,  irregularity  or  matter  of  form,  or  if,  after  verdict  for  R-  L.  in, 
such  applicant  or  other  party,  the  judgment  is  arrested  or  re-  125  Mass.  434. 
versed  on  a  writ  of  error,  or  the  proceedings  are  quashed  on 
certiorari,  such  applicant,  petitioner  or  other  party  may  begin 
such  proceedings  anew  at  any  time  within  one  year  after  such 
abatement,  reversal  or  other  determination. 


84  PART  II.  —  OF  RAILROAD  CORPORATIONS. 


Revised  Laws,  Chapter  48,  §  112. 

SJce°oftinro-  SECTION  112.    No  petition,  suit,  appeal  or  other  proceeding  in  the 

ceedings  to        supreme  judicial  court  or  in  the  superior  court  taken  or  instituted  by  any 

damagesan        party  aggrieved  by  the  award  of  damages  caused  by  laying  out,  making 

illcMUi'          anc^  mamtaining  a  railroad  or  by  taking  land  or  materials  therefor,  or  by 

p.  s!  49,  '§  IDS.  the  laying  out,  alteration  or  discontinuance  of  a  highway,  town  way  or 

ass.  483.    private  way>  or  by  taking  land  or  materials  therefor,  shall  be  discontinued 

except  by  leave  of  court  or  by  agreement  of  all  the  parties  thereto;  and 

any  party  thereto  may  prosecute  the  same  as  if  it  had  been  begun  by 

him. 

Embankments,  Fences,  etc. 

?t™,8o™ecm?n>  SECTION  101.     At  the  time  of  estimating   damages  to  land 

j^^enta  owners  under  the  provisions  of  section  eighty-three,  the  county 

ordered.  commissioners  shall  in  addition  thereto  order   the  corporation 

§§  i.'s.   '  to  construct  and  maintain  such  embankments,  culverts,  walls, 

1874,372,181.  fences  or  other  structures  as  they  judge  reasonable  for  the  se- 

fm112'  curity  and  benefit  of  such  owners,  and  shall  prescribe  the  time 

f iis  m>  and  manner  of  making  or  repairing  them,  and  it  shall  not  be 

154  Mass.  314.  competent  for  a  jury  to  reverse  such  order. 

Snorderment  SECTION  102.     If  the   corporation    neglects  to  comply  with 

J?4o']o5i§,?-  such  order,  the  supreme  judicial  court,  upon  application  of  the 

O.  D.  oo,  §  41.      .  •          •        •  i      •         •  .  ,   .  . 

1874, 372,  §  82.  land  owner  who  is  interested  in  its  execution,  or  his  assigns, 
§ii4.  shall  have  jurisdiction  in  equity  to  enforce  the  specific  perform- 

ing.1 '  ance  thereof.  Or  if  the  corporation,  for  more  than  forty-eight 
i  Gray!  en!  hours  after  notice  of  such  neglect,  given  in  writing  to  the  presi- 
dent or  superintendent,  fails  to  begin  the  work  required  to  be 
done,  or  thereafter  unreasonably  delays  to  complete  it,  the  per- 
son, so  interested  may,  in  an  action  of  tort  against  the  corpora- 
tion, recover  double  the  damages  sustained  by  him  by  reason  of 
the  neglect. 

i846,e27i,  SECTION  103.     Every   railroad   corporation    shall    erect   and 

i8535  350  §  5  mamtam  suitable  fences,  with  convenient  bars,  gates  or  open- 
G.  s.'es, '  ings  therein,  upon  both  sides  of  the  entire  length  of  its  railroad, 
1874, '372,  §  84.  except  at  the  crossings  of  a  public  way  or  in  places  where  the 
P87s.'i2i02.' §  1-  convenient  use  of  the  railroad  would  be  thereby  obstructed,  and 
i882ti62.  except  at  places  where,  and  so  long  as,  it  is  specially  exempted 
fi2bm>  from  the  duty  of  so  doing  by  the  board  of  railroad  commis- 
i2Cush  eos  sioners.  Such  an  exemption  granted  prior  to  the  first  day  of 
i  Alien,  16.  August  in  the  vear  eighteen  hundred  and  eighty-two  shall  not 

98  Mass.  560.       ,  ,       ,  ,.  ,    °,     "        ,          ,, 

102  Mass.  383.  be  revoked  except  upon  new  proceedings  had   under  the  pro- 

107  Mall!  411!  visions  of  this  section,  notice  of  which   shall  be  given  to  the 

lit  Mass!  It!;  corporation,  and  published  once  in   each   of    three   successive 

121' Mass  us  weeks  in  a  newspaper  published  in  each   county  in  which  the 

^ -24.  land   is   situated.     The    corporation    shall    also    construct    and 

140  Mass.  240.  ,.<«,..-.  ..  ,  •       i  i 

157  Mass.  297.   maintain  sufficient  barriers,  where  it  is  necessary  and  practicable 

181  Mass.  322.  „          ,  , ,  , ,  M          j 

so7  Mass,  u,  so  to  do,  to  prevent  the  entrance  ot  cattle  upon  the  railroad. 
A  corporation  which  unreasonably  neglects  to  comply  with  the 
provisions  of  this  and  the  following  section  shall,  for  every  such 
neglect,  forfeit  not  more  than  two  hundred  dollars  for  every 
month  during  which  the  neglect  continues;  and  the  supreme 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  85 

judicial  court  shall  have  jurisdiction  in  equity  to  compel  the 
corporation  to  comply  with  such  provisions,  and,  upon  such 
neglect,  to  restrain  and  prohibit  it  from  crossing  a  highway  or 
town  way,  or  from  using  any  land,  until  such  provisions  shall 
have  been  complied  with. 

SECTION  104.     If  a  person  other  than  the  railroad  corpora-  cost  of  fenc- 
tion  is  required  by  law  or  contract  to  erect  or  maintain  fences  ioverecTfrom 
along  a  part  of  the  line  of  the  railroad,  the  corporation  shall  il^of,1^. 
erect  such  fences  or  keep  them  in  repair  as  provided  in  the  pre-  F^112' 
ceding  section,  and  may  recover  the  reasonable  cost  thereof  in  R  L.  in, 
an  action  of  contract  from  such  person.     If  he  is  an  owner  of  132  Mass.  24. 
land  adjoining  such  line,  the  corporation  shall  also  have  a  lien 
upon  said  land  for  labor  performed  and  furnished  and  all  ma- 
terials furnished  and  used  by  it  in  erecting  and  repairing  such 
fences  upon  such  land,  and  for  the  costs  which  may  arise  in 
enforcing  it ;  and  it  shall  be  enforced  in  the  manner  provided  for 
enforcing  liens  in  chapter  one  hundred  and  ninety-seven  of  the 
Revised  Laws. 

Revised  Laws,  Chapter  128,  §  77. 

SECTION  77.  A  lien  of  any  description  upon  registered  land  shall  be  Liena  on  regis- 
enforced  in  the  same  manner  as  like  liens  upon  unregistered  land.  If  enforced!  '  ° 
registered  land  is  set  off  or  sold  on  execution,  or  taken  or  sold  for  taxes  1898>  562>  * 78- 
or  for  any  assessment,  or  sold  to  enforce  a  lien  for  labor  or  materials,  or 
the  lien  of  a  mortgagee  or  co-tenant  arising  from  a  payment  of  taxes;  or 
for  an  assessment  under  the  provisions  of  sections  twenty-three  to  twenty- 
five  of  chapter  fifty,  or  for  costs  and  charges  for  taking  down  dangerous 
structures  under  the  provisions  of  section  seven  of  chapter  one  hundred 
and  four,  or  for  erecting  fences  along  the  line  of  a  railroad  corporation 
under  the  provisions  of  section  one  hundred  and  twenty-one  of  chapter 
one  hundred  and  eleven  or  for  improving  meadows  and  swamps  under 
the  provisions  of  sections  four  to  seven,  inclusive,  of  chapter  one  hundred 
and  ninety-five,  or  for  flowing  land  under  the  provisions  of  section  four- 
teen of  chapter  one  hundred  and  ninety-six,  or  for  any  costs  and  charges 
incident  to  such  liens,  any  execution,  or  copy  of  the  execution,  any  offi- 
cer's return,  or  any  deed,  demand,  certificate  or  affidavit  or  other  instru- 
ment made  in  the  course  of  proceedings  to  enforce  such  liens  and  required 
by  law  to  be  recorded  in  the  registry  of  deeds  in  the  case  of  unregistered 
land,  shall  be  filed  with  the  assistant  recorder  for  the  district  in  which 
the  land  lies  and  registered  in  the  registration  book,  and  a  memorandum 
made  upon  the  proper  certificate  of  title  in  each  case  as  an  adverse  claim 
or  encumbrance. 

Crossings. 

SECTION  105.     If  two  or  more  railroad  corporations  whose  Separation  of 
tracks  cross  each  other  at  the  same  level  agree  to  separate  the  fngfb"08 
grades,  they  may  apply  to  the  board  of  railroad  commissioners,  flsT'ila' 
which  shall  thereupon  determine  when,  in  what  manner  and  by  g^f/12' 
which  corporation  said  work  and  each  portion  thereof  shall  be  **•  ^ in> 
done,  and  shall  apportion  all  charges  and  expenses  caused  by  See  1913, 546, 
making  such  alterations  and  all  future  charges  for  keeping  the 
necessary  structures  connected  therewith  in  repair  among  said 
corporations.     For  said  purposes,  the  corporations  may,  under 
the  direction  of  said  board,  make  all  necessary  changes  in  the 


86 


PART  II.  —  OF   RAILROAD  CORPORATIONS. 


Crossings  of 
one  railroad 
with  another, 
or  over  navi- 
gable waters. 

1872,  53,  §  12; 
180,  §  3. 

1873,  121,  §  4. 

1874,  122;  372. 
§85. 

1881,  156. 

P.  S.  112, 

§118. 

R.  L.  Ill, 

§  123. 

125  Mass.  253. 


Common- 
wealth's flats. 


Railroad 
crossing  a 
highway  not 
to  obstruct 
the  same. 
R.  S.  39,  §  66. 
1846,  271,  §  1. 
G.  S.  63, 
§§  46.  47. 
1874,  372,  §  8( 
1876,  73. 
P.  S.  112, 
§119. 
R.  L.  Ill, 
§124. 
14  Gray,  379. 

Space  under 
bridge  regu- 
lated. 


location,  grade  and  construction  of  said  railroads,  and,  so  far 
as  may  be  necessary,  may  take  additional  land  therefor,  and 
may  raise,  lower  or  otherwise  change  any  and  all  highways  and 
town  ways;  and  in  the  exercise  of  said  powers  said  corporations, 
and  any  person  who  sustains  damage  thereby,  shall  have  all  the 
rights,  privileges  and  remedies,  and  be  subject  to  all  the  duties, 
liabilities  and  restrictions  provided  by  law  in  the  case  of  land 
taken  by  railroad  corporations.  The  supreme  judicial  court 
shall  have  jurisdiction  in  equity  to  enforce  compliance  with  all 
such  orders  of  said  board. 

SECTION  106.  A  railroad  shall  not  be  constructed  across  an- 
other railroad  at  the  same  level  without  the  consent  in  writing 
of  the  board  of  railroad  commissioners,  nor  across  navigable 
or  tide  waters  without  the  consent  in  writing  of  the  board  of 
harbor  and  land  commissioners,  and  in  such  manner  as  said 
boards,  respectively,  shall  prescribe,  nor  across  any  portion  of 
the  deep  channel  of  Boston  harbor  below  the  bridges  existing 
on  the  thirtieth  day  of  March  in  the  year  eighteen  hundred 
and  eighty-one,  without  special  legislative  authority.  Any  lit- 
toral proprietor  whose  access  to  the  sea  is  obstructed  or  inter- 
rupted by  the  location  and  construction,  after  said  day,  of  any 
railroad  across  tide  water,  otherwise  than  by  a  bridge  with  a 
suitable  draw,  may  recover  of  the  corporation  whose  railroad  is 
so  located  all  damages  caused  by  such  location  and  construction, 
in  the  same  manner  and  with  the  same  rights  as  to  security  as 
are  provided  by  law  in  relation  to  damages  caused  by  laying 
out  and  maintaining  railroads;  but  this  provision  as  to  damages 
shall  not  apply  to  any  railroad  constructed  under  the  provisions 
of  chapter  two  hundred  and  fifty-two  of  the  acts  of  the  year 
eighteen  hundred  and  eighty.  Associates  for  the  purpose  of 
constructing  a  railroad  under  the  provisions  of  section  thirteen, 
or  a  corporation  which  proceeds  to  construct  its  railroad  or 
branch  or  extension  thereof,  shall  not.  take  proceedings  which 
involve  a  new  crossing  of  one  railroad  by  another  at  the  same 
level,  unless  such  crossing  is  first  approved  in  writing  by  the 
board  of  railroad  commissioners;  and  every  preliminary  ap- 
proval of  a  plan  for  such  crossing  shall  be  subject  to  revision  by 
said  board.  The  supreme  judicial  court  shall  have  jurisdiction 
in  equity,  upon  information  filed  by  the  attorney-general,  of 
violations  of  the  provisions  of  this  section. 

SECTION  107.  A  railroad  which  is  laid  out  across  a  public 
way  shall  be  so  constructed  as  not  to  obstruct  the  same;  and, 
unless  the  county  commissioners  and  the  board  of  railroad  com- 
missioners authorize  a  crossing  at  the  same  level  as  provided  in 
section  one  hundred  and  eleven,  it  shall  be  constructed  so  as  to 
pass  either  over  or  under  the  way,  as  prescribed  in  the  follow- 
ing section,  and  conformably  to  any  decree  which  may  be  made 
by  the  county  commissioners  under  the  provisions  of  section  one 
hundred  and  nine.  1*  Alien,  444.  sos  Mass.  397. 

SECTION  108.  If  the  railroad  is  constructed  to  pass  over  the 
way,  a  sufficient  space  shall  be  left  under  the  railroad  conven- 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  87 

iently  to  accommodate  the  travel  on  the  way.     If  the  railroad  ^84|-  f^y- 
is  constructed  to  pass  under  the  way,  the  railroad  corporation  187,4- 372-  §  87. 
shall  build  such  bridges,  with  their  abutments  and  suitable  ap-  P.  s.'nz.' 
preaches  thereto,  as  will  accommodate  the  travel  upon  the  way;  JuL'lii, 
but  no  bridge  for  any  purpose  shall  be  constructed  over  a  rail-  i3o2Mass.  sei. 
road  at  a  height  less  than  eighteen  feet  above  the  track  of  such  176  Mass>  145> 
railroad,  except  by  the  consent  in  writing  of  the  board  of  rail- 
road  commissioners.     The   supreme   judicial   court   shall   have 
jurisdiction  in  equity  to  enforce  compliance  with  the  provi- 
sions of  this  section. 

SECTION  109.  A  railroad  corporation  may  raise  or  lower  a  Highway  may 
public  way  for  the  purpose  of  having  its  railroad  pass  over  or  lowered  under 
under  the  same;  but  before  proceeding  to  cross  or  to  alter  or  couenty°com- 
excavate  for  the  purpose  of  crossing  the  way,  it  shall  obtain  ^33°f|™'§  5 
from  the  county  commissioners  a  decree  prescribing  what  al-  *|5|-  If;/5 Al- 
terations may  be  made  in  the  wav,  and  what  structures  erected  G.  s.'  63.  §  48.' 

.  .  .  1874   372   §  88 

at  the  crossing;  and  the  manner  and  time  of  making  or  erect-  p.'s.'m,' 
ing  the  same;  and  before  entering  upon,  excavating  or  altering  fe^m, 
the  way,  it  shall  give  to  the  city  or  town  in  which  the  crossing  23  pick.  326. 
is  situated  security,  satisfactory  to  the  commissioners,  that  it  $  Cush.  i^ 
will  faithfully  comply  with  the  requirements  of  the  decree  to  ,140A'len'44i 

,      .  i        »n    •      i  ••  •  .113  Mass.  52. 

their  acceptance,  and  will  indemnify  the  city  or  town  against  134  Mass.  549. 
all  damages  and  charges  by  reason  of  a  failure  so  to  do. 

SECTION  110.     A  railroad  corporation  may  alter  the  course  ^ur^aofbeigh~ 
of  a  public  way  for  the  purpose  of  facilitating  the  crossing  ^'e(J-87 
thereof  by  its  railroad  or  of  permitting  its  railroad  to  pass  at  R.  s.'  39,  §  70.' 
the  side  thereof  without  crossing,  if,  after  notice  to  the  city  or  G.  s.'  63,  §  55. 
town  in  which  the  way  is  situated,  and  a  hearing,  the  county  p87§ '  f/f;  * 89- 
commissioners  decide  that  such  alteration  will  not  essentially  jt1^'in< 
injure  the  way,  and  make  a  decree  prescribing  the  time  and  f^f^,,,  444 
manner  of  such  alteration.     The  corporation  shall  pay  all  dam- 
ages caused  to  private  property  by  the  alteration,  as  in  case  of 
land  taken  for  its  railroad. 

SECTION  111.     If  a  railroad  is  laid  out  across  a  public  way,  crossing  high- 
the  county  commissioners,  upon  the  application  of  the  railroad  way  at  aTvei. 
corporation,  or  of  the  board  of  aldermen  of  the  city  or  select-  jf^.'s,5!' 
men  of  the  town  in  which  the  crossing  is  situated,  after  notice  ™65,  239,  §  i^ 
to  all  persons  interested  and  a  hearing,  may  adjudge  that  pub-  i876,f73.' 
lie  necessity  requires  the  crossing  at  the  same  level,  and  may,  §  123. 
if  the  board  of  railroad  commissioners  also  consents  in  writing  §  128. 
to  such  crossing  at  the  same  level,  make  a  decree  specially  to  178  Mass- 195> 
authorize  and  require  the  corporation  so  to  construct  its  rail- 
road, in  such  manner  as  shall  be  prescribed  in  the  decree,  and 
said  commissioners  may  modify  the  terms  of  such  decree  or 
may  revoke  it  at  any  time  before  the  construction  of  the  rail- 
road at  such  crossing. 

SECTION  112.     A    railroad    corporation    whose    railroad    is  Rails  to  be  pro- 
crossed  by  a  public  way  at  the  same  level  shall,  at  its  own  ex-  wayecrossinl. " 
pense,  so  guard  or  protect  its  rails  by  plank,  timber  or  other-  G.^.'elJieo.' 
wise  as  to  secure  a  safe  and  easy  passage  across  its  railroad;  P87s '  nf,' 5  9L 
and  if,  in  the  opinion  of  the  county  commissioners,  any  subse-  § 124- 


88 


PART   II. OF   RAILROAD   CORPORATIONS. 


R.  L.  Ill, 
§129. 

140  Mass.  84. 
147  Mass.  505. 
164  Mass.  393. 
178  Mass.  195. 
211  Mass.  674- 
When  high- 
ways may  be 
laid  out  across 
a  railroad. 
R.  S.  39,  §  69. 
1857,  287, 
§§  1-5. 
G.  S.  63, 
§§  57-59. 
1874,  372,  §  92. 
1876,  73. 
P.  S.  112, 
§125. 
R.  L.  Ill, 
§  130. 

11  Gray,  512. 
1  Allen,  324. 
7  Allen,  523. 
140  Mass.  87. 
147  Mass.  455. 
159  Mass.  283. 
173  Mass.  12. 
178  Mass.  195. 
185  Mass.  186. 
188  Mass.  234. 


quent  alteration  of  the  highway  or  other  way  or  additional  safe- 
guards are  required  at  the  crossing,  they  may  make  a  decree 
ordering  the  corporation  to  establish  the  same  as  provided  in 
section  one  hundred  and  nine. 

SECTION  113.  A  public  way  may  be  laid  out  across  a  rail- 
road previously  constructed,  if  the  county  commissioners  ad- 
judge that  the  public  necessity  and  convenience  so  require;  and 
in  such  case,  after  notice  to  the  railroad  corporation  and  a  hear- 
ing of  all  parties  interested,  they  may  thus  lay  out  or  may  au- 
thorize a  city  or  town,  upon  petition  of  the  board  of  aldermen 
or  selectmen  thereof,  to  lay  out  a  way  across  a  railroad,  in  such 
manner  as  not  to  injure  or  obstruct  the  railroad,  and  otherwise 
in  conformity  with  the  provisions  of  sections  one  hundred  and 
seven  and  one  hundred  and  eight;  but  they  shall  not  permit  it 
to  cross  at  a  level  with  the  railroad  unless  public  necessity 
so  requires,  and  the  board  of  railroad  commissioners  consents 
thereto  in  writing,  in  which  case  the  county  commissioners  may 
give  special  authority  for  such  crossing  as  provided  in  section 
one  hundred  and  eleven. 


The  metropoli- 
tan park  com- 
mission may 
construct 
roadways,  etc., 
across  rail- 
roads, etc. 


To  give  notice 
to  railroad 
corporations, 
etc. 


Proviso. 


Railroad  com- 
mission may 
make  a 
decree,  etc. 


Payment  of 
expenses. 


Acts  of  1905,  Chapter  456. 

An  Act  to  authorize  the  Metropolitan  Park  Commission  to  lay  out, 
extend  and  construct  Roadways  and  Parkways  across  Railroads,  and 
to  make  Certain  Agreements  with  Railroad  Companies. 

SECTION  1.  The  metropolitan  park  commission  is  hereby  authorized 
to  make  and  enter  into  such  agreements  with  any  railroad  corporation  as 
may  be  necessary  to  secure  or  facilitate  the  laying  out,  extension,  con- 
struction and  maintenance  of  a  roadway  or  parkway  under  the  care, 
custody  or  control  of  said  commission  across  railroad  lands  or  locations, 
and  to  indemnify  such  railroad  corporation  against  any  claims  for  dam- 
ages to  persons  or  property,  arising  out  of  such  laying  out,  extension, 
construction  and  maintenance. 

SECTION  2.  Said  commission  shall  give  the  railroad  corporation  thirty 
days'  notice  in  writing  of  the  proposed  work,  accompanied  by  a  plan 
thereof;  and  in  case  said  commission  is  unable  to  agree  with  the  railroad 
corporation  across  whose  land  or  location  it  desires  to  lay  out,  extend  and 
construct  a  roadway  or  parkway,  it  may  have  the  question  of  its  right  to 
cross  and  the  manner  of  crossing  determined  by  the  board  of  railroad 
commissioners:  provided,  however,  that  no  crossing  of  such  roadway  or 
parkway  shall  be  at  a  level  with  the  railroad  tracks  and  that  no  such 
roadway  or  parkway  shall  be  laid  out,  extended  and  constructed  across  a 
railroad  in  such  manner  as  to  injure  or  obstruct  the  railroad. 

SECTION  3.  Said  board,  upon  petition  of  the  commission,  and  after 
due  notice  to  the  railroad  company,  shall  hear  the  parties;  and  the  board, 
if  of  opinion  that  said  petition  should  be  granted,  shall  make  a  decree 
describing  the  place,  time  and  manner  of  constructing  such  crossing,  and 
how  much,  if  any,  of  the  work  made  necessary  by  such  crossing  shall  be 
done  by  the  railroad  company;  and  thereafter  said  commission  may  lay 
out,  construct  and  maintain  such  roadway  or  parkway  across  the  rail- 
road in  accordance  with  the  terms  of  said  decree. 

SECTION  4.  All  expenses  of  and  incident  to  constructing  and  main- 
taining any  roadway  or  parkway  crossing  a  railroad  as  herein  provided 
shall  be  borne  by  the  Commonwealth  and  shall  be  paid  out  of  the  funds 


PART   II.  —  OF  RAILROAD   CORPORATIONS.  89 

available  for  use  by  said  commission,  unless  otherwise  determined  by  an 
agreement  between  said  commission  and  any  such  railroad  corporation. 

SECTION  5.    The  damages  sustained  by  any  railroad  corporation  by  Damages, 
reason  of  the  laying  out,  extension,  construction  and  maintenance  of  a 
roadway  or  parkway  under  this  act  may  be  assessed  by  a  jury  of  the 
superior  court  in  the  same  manner  as  is  provided  by  law  with  respect  to 
damages  sustained  by  reason  of  the  laying  out  of  ways :  provided,  however,  Proviso, 
that  no  suit  for  such  damages  shall  be  brought  after  the  expiration  of 
three  years  from  the  day  when  the  railroad  is  entered  upon  for  the  pur- 
pose of  constructing  any  roadway  or  parkway  as  authorized  herein. 

SECTION  6.    This  act  shall  take  effect  upon  its  passage.    [Approved 
May  25,  1905. 

Acts  of  1908,  Chapter  552. 
An  Act  relative  to  the  Repair  and  Maintenance  of  Certain  Bridges. 

SECTION  1.  If  the  county  commissioners  of  a  county,  the  board  of  Maintenance 
aldermen  of  a  city  or  the  selectmen  of  a  town  in  which  a  bridge  at  the  bridges, 
crossing  of  a  public  way  and  a  railroad,  or  a  bridge  upon  which  a  street 
railway  company  is  authorized  to  lay  and  use  tracks,  is  located  in  whole 
or  in  part,  or  the  directors  of  a  corporation  owning  or  operating  such  rail- 
road, or  the  directors  of  a  company  owning  or  operating  such  street  rail- 
way, are  of  the  opinion  that  such  bridge  is  in  need  of  maintenance  or 
repair,  they  may  apply  to  the  board  of  railroad  commissioners  who  shall, 
after  public  notice,  hear  all  persons  interested,  and,  if  they  decide  that 
the  work  of  maintenance  or  repair  is  necessary,  shall  prescribe  the  manner 
in  and  the  limits  within  which  it  shall  be  done,  and  shall  forthwith  certify 
their  decision  to  the  parties. 

SECTION  2.     If  railroad  corporations,  street  railway  companies,  coun-  Maintenance 
ties,  cities,  towns,  or  any  of  them,  jointly  or  severally,  are  charged  with  bridges*11  °f 
the  duty  of  maintaining  or  repairing  any  such  bridge  under  any  provi- 
sion of  law,  agreement,  or  decree  of  court,  and  if  the  party  or  parties  so 
charged  with  such  duty  refuse  or  neglect  to  carry  into  effect  such  decision 
within  a  reasonable  time,  any  other  such  party  may  apply  to  the  superior 
court,  which  shall  have  jurisdiction  in  equity  to  enforce  the  carrying  into 
effect  of  such  decision  by  the  party  or  parties  so  charged  with  such  duty. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.    [Approved 
May  27,  1908. 

SECTION  114.     A  railroad  corporation  may,  with  the  consent  Alterations  of 
of  a  canal  corporation,  alter  the  course  of  a  canal  or  of  a  feeder  ilsv^e, 
to  a  canal,  which  interferes  with  the  convenient  location  of  its  o§  s.  Is,  §  se. 
railroad.     Damages  caused  by  taking  property  therefor  shall  be  P87S4 '  iYa2' §  93- 
estimated  and  paid  as  in  case  of  land  taken  under  the  provi-  t^'m 
sions  of  section  eighty-three.  §isi. 

SECTION  115.     If,  upon  application  to  the  county  commis-  obstructions 
sioners  by  the  board  of  aldermen  of  a  city  or  selectmen  of  a  crossings!™ 
town,  and  after  notice  to  the  corporation  which  owns  or  oper-  G85I.'63°§§49.' 
ates  a  railroad,  and  a  hearing,  it  appears  that  the  railroad  so  p87s.' nf.1  §  94' 
crosses  a  public  way  as  to  obstruct  it,  contrary  to  the  provi-  f^fj'm 

sions  of  section  one  hundred  and  seven,  or  of  a  decree  made  §  isi 

,        ,  .  .          „  i       j    j       j     •  .,  i    j.  198  Mass- 68e- 

under  the  provisions  ol  section  one  hundred  and  nine,  or  that 

the  corporation  refuses  or  neglects  to  keep  a  bridge  or  other 
structure  which  is  required  or  necessary  at  such  crossing  in 
proper  repair,  the  county  commissioners  may  make  a  decree 


90 


PART   II.  —  OF  RAILROAD  CORPORATIONS. 


Repairs  of 

bridges,  etc. 

R.  S.  39,  §  72. 

1846,  271,  §  1. 

1851,  88. 

1855,  350,  §  4. 

G.  S.  63,  §§  61, 

67,  69. 

1872,  262,  §  6. 

1874,  372,  §  95. 

P.  S.  112, 

§128. 

R.  L.  Ill, 

§  133. 

7  Cush.  490. 

12  Allen,  254. 

97  Mass.  430. 

131  Mass  516. 

138  Mass 

139  Mass 
159  Mass 
188  Mass 


454. 


289. 


Amended  by 
1907,  SIS. 


234. 


prescribing  what  repairs  shall  be  made  by  the  corporation  at 
the  crossing,  and  the  time  within  which  they  shall  be  made, 
and  shall  make  a  decree  ordering  the  corporation  to  pay  the 
costs  of  the  application.  They  may  further  order  the  corpora- 
tion to  give  security,  as  provided  in  section  one  hundred  and 
nine,  for  the  faithful  performance  of  the  requirements  of  the 
decree  and  for  the  indemnity  of  said  city  or  town  upon  a  fail- 
ure in  such  performance. 

SECTION  116.  Every  railroad  corporation  shall,  except  as 
provided  in  sections  twenty-nine  to  forty-five,  inclusive,  of  Part 
I,  at  its  own  expense,  construct,  maintain  and  keep  in  repair 
all  bridges,  with  their  approaches  and  abutments,  which  it  is 
authorized  or  required  to  construct  over  or  under  a  canal  or 
public  way;  and  a  city  or  town  may  recover  of  the  railroad 
corporation  whose  railroad  crosses  a  public  way  therein  all 
damages,  charges  and  expenses  incurred  by  such  city  or  town 
by  reason  of  the  neglect  or  refusal  of  the  corporation  to  erect 
or  keep  in  repair  all  structures  required  or  necessary  at  such 
crossing;  but  if,  after  the  laying  out  and  building  of  a  rail- 
road, the  county  commissioners  authorize  a  public  way  to  be 
laid  out  across  the  railroad,  all  expenses  of  and  incident  to 
constructing  and  maintaining  the  way  at  such  crossing  shall  be 
borne  by  the  county,  city,  town  or  other  owner  of  the  same,  un- 
less otherwise  determined  by  an  award  of  a  special  commis- 
sion, under  proceedings  in  accordance  with  the  provisions  of 
[the  five  following  sections.]  sections  twenty-three  to  twenty- 
eight,  inclusive,  of  Part  I. 


1906.  463, 
Part  II,  §116, 
amended. 


County  com- 
missioners to 
have  jurisdic- 
tion of  ob- 
structions. 
1849,  222,  §  4. 
G.  S.  63,  §  62. 


—  orders  of, 

how  enforced. 

1849,  222,  §  5. 

1855,  350,  §  3. 

G.  S.  63,  §§  50 

63. 

1874,  372, 

§  103. 

1881,  111,  §4. 

P.  S.  112, 

§136. 

R.  L.  Ill, 

§141. 

7  Cush.  506. 

174  Mass.  379. 


Acts  of  1907,  Chapter  315. 

An  Act  relative  to  constructing  Ways  across  the  Locations  of  Railroad 

Corporations. 

SECTION  1.  Section  one  hundred  and  sixteen  of  Part  II  of  chapter  four 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six 
is  hereby  amended  by  striking  out  the  words  "the  five  following  sec- 
tions", at  the  end  thereof,  and  inserting  in  place  thereof  the  words:  — 
sections  twenty-three  to  twenty-eight,  inclusive,  of  Part  I,  —  so  as  to 
read  as  follows:  —  Section  116.  [For  §  116  as  amended,  see  above.] 

SECTION  117.  County  commissioners  shall  have  original  ju- 
risdiction of  questions  relative  to  obstructions  to  highways  or 
town  ways  which  are  caused  by  the  construction  or  operation 
of  railroads.  1874, 372,  §  102.  p.  s.  112,  $  135.  R.  L.  in,  §  HO. 

4  Cush.  63.  2  Gray,  54.  14  Gray,  93.  141  Mass.  17.  155  Mass.  16. 

SECTION  118.  The  supreme  judicial  court  shall  have  juris- 
diction in  equity  to  compel  a  railroad  corporation  to  raise  or 
lower  a  public  way  which  the  county  commissioners  have  de- 
cided is  necessary  for  the  security  of  the  public  to  be  raised  or 
lowered,  and  to  compel  it  to  comply  with  the  orders  of  county 
commissioners  relative  to  obstructions  of  such  ways  by  it;  and 
if,  upon  the  petition  of  the  board  of  aldermen  of  a  city  or 
selectmen  of  a  town,  it  appears  that  such  corporation  has  ex- 


PART  II.  —  OF  RAILROAD   CORPORATIONS.  91 

cavated  or  altered  a  public  way  without  obtaining  the  decree 
and  giving  the  security  required  by  section  one  hundred  and 
nine,  or  has  neglected  for  fifteen  days  to  give  security  as  re- 
quired by  section  one  hundred  and  fifteen,  said  court  may  en- 
join it  from  entering  upon,  altering,  excavating  or  crossing  the 
way  until  such  decree  has  been  obtained  or  such  security  given. 

SECTION  119.     An  application  for  damages  which  have  been  Crossing  a 
sustained  by  the  owner  of  a  private  way,  by  reason  of  a  rail-  SSSfwrTis. 
road  crossing  the  same,  shall  be  made  within  three  years  after  §'  1'  II'  §  Is 
the  time  when  the  way  was  so  obstructed.       1874, 362;  372,  §  104. 

P.  S.  112.  §  137.  R.  L.  Ill,  §  142.  103  Mass.  1. 

SECTION  120.     If   a   railroad   which   has   been   lawfully   laid  Severance  of 
out  through  land  without  the  consent  of  the  owner  thereof  sepa-  Cy^rossing. 
rates  a  portion  of  such  land  from  another  or  from  a  public  way,  §§5i7-4213' 
and  the  owner,  having  a  right  to  cross  the  railroad,  cannot  agree  §§  fi_P636. 
with  the  corporation  as  to  the  place  or  manner  in  which  he  shall  g^os  37^' 
cross,  or  if  a  crossing  is  inconvenient,  either  party,  in  a  case  «\f81121 
which  does  not  involve  the  abolition  of  a  crossing  at  grade,  may  1897/264. 
apply  to  the  county  commissioners,  who,  after  taking  a  recogni-  §  143. 
zance  from  the  applicant  to  the  county,  with  sureties  to  their  i^M^s.44.4' 
satisfaction,  for  the  payment  of  costs  and  expenses  according  to 
their  order,  and  after  notice  to  the  other  party  and  a  hearing, 
may  make  an  order  relative  to  such  crossing  and  to  the  costs  of 
the  application;  but  they  shall  not  order  the  corporation  to  con- 
struct or  maintain  a  crossing  without  its  consent,  unless  it  is 
liable  by  law  or  by  agreement  to  construct  a  crossing  for  the 
owner  of  the  land,  or  is  the  applicant. 

SECTION  121.     If  by  the  laying  out  of  a  railroad,   or  the  Access  to 
widening  thereof,  a  person  is  cut  off  from  access  to  land  owned  by  faiiroacL 
by  him,  and  has  neither  received  compensation  nor  made  an  jf9f ;  i™; 
agreement  with  the  corporation  relative  thereto,  the  board  of  f6^ass  8! 
railroad  commissioners,  after  notice  to  the  parties  and  a  hear-  ies  Mass.  514. 
ing,  may  make  a  decree  ordering  a  crossing  to  be  made  and 
maintained  at  the  expense  of  the  railroad  corporation,  specify- 
ing definitely  the  character  thereof  and  when  it  may  be  used. 
If  the  railroad  corporation  neglects  for  ninety  days  after  the 
date  of  such  order  to  comply  therewith,  it  shall  forfeit  five  dol- 
lars for  every  day  thereafter  during  which  such  neglect  con- 
tinues, which  shall  be  recovered  by  the  person  aggrieved.     The 
amount  recovered  shall  be  equally  divided  between  the  plaintiff 
and  the  county  within  which  the  crossing  was  ordered  to  be 
maintained. 

SECTION  122.     A  party  who  is  aggrieved  by  a  decision  or  Appeal  from 
order  of  the  county  commissioners  in  any  matter  or  proceeding  m^sioners™" 
arising  under  the  provisions  of  section  twenty-three  of  Part  I,  §§8i2.i3135' 
or  of  section  one  hundred  and  twenty  of  Part  II,  or  by  their  f^.111' 
unreasonable  refusal  or  neglect  to  announce  a  decision  in  any  141  Mass- 208- 
such  matter  or  proceeding  for  sixty  days  after  the  first  day 
fixed  for  a  hearing  thereon,  may  appeal  to  the  board  of  rail- 
road commissioners  by  filing  a  notice  of  appeal  with  the  county 
commissioners  within  ten  days  after  the  decision  or  order  ap- 


92 


PART   II.  —  OF  RAILROAD   CORPORATIONS. 


Appeal  from 

proceedings 

thereon. 

1882,  135, 

§§4,5. 

R.  L.  Ill, 

§146. 


Hearing  of 
appeals ; 
powers  of 
board. 
1882,  135, 
§§  6,  7. 
R.  L.  Ill, 
§  147. 


Right  of 
crossing  not 
acquired  by 
prescription. 
1892,  275. 
R.  L.  Ill, 
§148. 
135  Mass.  107. 

141  Mass.  407. 

142  Mass.  21. 


pealed  from,  or  in  case  of  a  refusal  or  neglect  to  announce  a 
decision,  within  ten  days  after  the  expiration  of  sixty  days 
from  the  first  day  fixed  for  a  hearing  thereon.  The  proceed- 
ings before  the  county  commissioners  in  which  the  appeal  is 
taken  shall  thereupon  be  stayed. 

SECTION  123.  The  appellant,  to  perfect  the  appeal,  shall, 
within  twenty  days  after  filing  the  notice  thereof,  file  with  the 
clerk  of  the  board  of  railroad  commissioners  a  petition  stating 
the  reasons  for  the  appeal,  and  shall,  within  ten  days  after 
filing  the  petition,  cause  a  certified  copy  thereof  to  be  served 
upon  the  county  commissioners.  An  appeal  may  be  waived  at 
any  time  before  a  hearing  thereon  by  agreement  of  the  parties 
in  writing,  filed  with  the  county  commissioners  and  said  board. 
If  the  appellant  fails  to  perfect  the  appeal,  or  if  the  appeal  is 
waived,  the  matter  may  proceed  before  the  county  commission- 
ers as  if  no  appeal  had  been  taken. 

SECTION  124.  The  board  of  railroad  commissioners  shall 
hear  the  appeal  authorized  by  section  one  hundred  and  twenty- 
two  in  the  county  in  which  it  is  taken,  unless  the  parties  in 
writing  otherwise  agree.  Upon  such  appeal,  said  board  shall 
have  the  same  powers  and  perform  the  same  duties  as  county 
commissioners  in  like  matters  and  proceedings,  and  shall  be 
governed  by  the  provisions  of  law  relative  to  hearings  and  de- 
terminations by,  and  decisions  and  orders  of,  the  county  com- 
missioners in  such  matters  and  proceedings. 

SECTION  125.  No  right  of  way  across  any  railroad  track  or 
location  which  is  in  use  for  railroad  purposes  shall  be  acquired 
by  prescription.  The  provisions  of  this  section  shall  not  apply 
to  rights  of  way  which  existed  on  the  fifth  day  of  June  in  the 
year  eighteen  hundred  and  ninety-two. 

144  Mass.  336.  145  Mass.  433.  176  Mass.  359.  SIS  Mass.  92. 


Branches  and 
extensions. 

1874,  351,  §§  1 
3,  5;  372, 
§§31,32. 

1875,  110. 
1878,  215,  §  4. 
P.  S.  112, 

§§  139,  140. 

1882,  265, 

§§1,3. 

R.  L.  Ill, 

§  161. 

124  Mass.  368. 


BRANCHES   AND   EXTENSIONS. 

SECTION  126.  A  railroad  corporation,  after  having  finished 
the  construction  of  its  railroad  and  put  it  in  operation,  may 
build  a  branch  or  extension  thereof  in  accordance  with  the  pro- 
visions of  this  chapter,  if  an  amount  of  additional  capital  stock, 
applicable  solely  to  the  construction  of  such  branch  or  exten- 
sion, has  been  subscribed,  and  a  certificate  of  the  board  of  rail- 
road commissioners  that  public  necessity  and  convenience  re- 
quire the  construction  of  the  branch  or  extension  has  been 
obtained,  and  a  certificate  of  the  clerk  of  said  board  has  been 
filed  according  to  the  provisions  of  section  seventy-one,  and  it 
may  build  such  branch  or  extension  without  additional  capital 
stock,  if  its  indebtedness  is  not  thereby  increased;  but  the  pro- 
visions of  this  section  shall  not  invalidate  a  lease  or  contract 
between  railroad  corporations  which  is  made  pursuant  to  law. 
Upon  the  filing  of  such  certificate,  fifty  dollars  shall  be  paid  to 
the  secretary  of  the  commonwealth.  If  the  construction  of  such 
branch  or  extension  is  not  begun,  and  ten  per  cent  of  the  addi- 


PART   II.  —  OF  RAILROAD   CORPORATIONS.  93 

tional  capital  stock  is  not  expended  thereon  within  two  years 
after  the  date  of  the  certificate  required  by  section  seventy-one 
and  the  branch  or  extension  completed  and  put  in  operation 
within  four  years  after  said  date,  the  power  of  the  railroad  cor- 
poration to  construct  the  same  shall  cease. 

OPENING  THE   RAILROAD   FOR   USE. 

SECTION  127.     A  railroad  or  branch  or  extension  thereof  shall  Road  not  to  be 

in  11-  'iii  i        i»         -i  i  opened  lor 

not  be  opened  tor  public  use  until  the  board  or  railroad  com-  public  use 
missioners,  after  an  examination,  certifies  that  all  laws  relative  1874,' 223;  372, 
to  its  construction  have  been  complied  with,  and  that  it  appears  p.aiis,  §  ui. 
to  be  in  a  safe  condition  for  operation.  fieS.111' 

SECTION  128.     When  a  railroad   or  a   branch   or   extension  when  road  is 
thereof  is  finished  and  opened  for  public  use,  the  corporation  pKfus?, 
by  which  it  was  constructed  shall,  within  one  year  thereafter,  ^1^°^*° 
file  in  the  office  of  the  secretary  of  the  commonwealth  a  map  \H2t,5j' §  *4; 
and  profile  thereof,  with  tables  of  grade  and  curvature  and  a  1374. 372,  §  34. 
statement  of  the  other  characteristics  of  the  railroad,  certified  §142. 
by  its  president  and  engineer  in  such  form  as  the  board  of  rail-  §  MB. 
road  commissioners  may  prescribe. 

EQUIPMENT   AND   OPERATION. 

Drawbridges. 

SECTION  129.     Every  railroad  corporation  shall  provide  for  Draw-tender. 
each  drawbridge  upon  the  line  of  its  railroad  an  experienced  §§5i5,'2.34' 
draw-tender,  who  shall  have  full  control  of  the  passing  of  ves-  fs'e!',  it'i.Yi'. 
sels  through  the  draw;  and  the  corporation  shall   make  and  j8^372' 
enforce  regulations  for  each  drawbridge  conformable  to  the  f ol-  P-  s.  '112.  §  us. 
lowing  seven  sections.  §  no. 

SECTION  130.     Every  such  drawbridge  shall  be  kept  closed  Drj£^™dges 
at    all   times,    except   while   open    for   the   actual   passage   of  closed,  except, 
vessels.     The  draw-tender  shall   at  all  hours  of  the  day  and  §§2,' 3.  ' 
night  be  ready  to  open  the  draw;   shall  decide,  having  regard  isel',  i3i,§§72. 
to  the   convenient   and   secure   passage  of   engines  and  trains  |87o9.372' 
and  the   state  of  the  tide,   when   and  in  what  order  vessels  j\fg112' 
may  pass,  allowing  no  unnecessary  detention;   and   shall  give  R-L .111, 
all  the  necessary  advice  and  furnish  proper  facilities  for  such 
passing. 

SECTION  131.    The  master  of  a  vessel  who  applies  to  pass  Passage  of 
such  draw  shall  give  to  the  draw-tender  a  true  report  of  his  regu!asted°w 
vessel's  draught  of  water,  and  of  anything  projecting  below  such  §§5|,'434' 
vessel's  draught,  and  shall  be  governed  by  him  as  to  priority  of  ^  fg  6|g 
right  if  two  or  more  vessels  apply  at  the  same  time  to  pass.     In  l.8^  372> 
passing,  he  shall,  unless  otherwise  directed  by  the  draw-tender,  P.  s.  112, 
go  to  the  right  according  to  the  tide,  if  practicable,  and  shall  R.  L.'III, 
so  place  his  buoys,  warping-lines,  anchors,  cables  and  other  rig-  127  Mass.  7. 
ging  and  equipment  as  neither  to  interfere  with  other  vessels  l4 
nor  obstruct  or  injure  the  bridge;  and  he  shall  be  allowed  a 
reasonable  time  for  his  vessel  to  pass.     A  railroad  train  shall  be 


94 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


Drawbridge 

signals. 

1863,  131,  §  3. 

1874,  372, 

§111. 

P.  S.  112,  §151. 

R.L.111,§173. 

Drawbridge 

gates. 

1863,  131,  §  4. 

1874,  372, 

§112. 

P.  S.  112, 

§152. 

R.  L.  Ill, 

§174. 


Engineer  to 
see  that  draw- 
bridge is 
closed.  ' 
1863,  131,  §  5. 
1874,  372, 
§113. 
P.  S.  112, 
§  153. 
R.  L.  Ill, 
§175. 


Penalty  on 

corporations 

for  neglect, 

etc. 

1863,  131,  §  6. 

1874,  372, 

§  114. 

P.  S.  112. 

§154. 

R.  L.  Ill, 

§176. 


—  for  obstruct- 
ing draw- 
tender,  etc. 
1855,  434, 
§§  5-7. 
G.  S.  63, 
§§  78-80. 
1874,  372, 
§  115. 
P.  S.  112, 
§  155. 
R.  L.  Ill, 
§  177. 
127  Mass.  7. 


allowed  fifteen  minutes  to  cross  a  draw  before  and  after  it  is 
due  by  its  time  table,  and  any  approaching  train  shall  be  al- 
lowed a  further  reasonable  time  to  pass. 

SECTION  132.  Every  drawbridge  shall  be  furnished  with 
conspicuous  day  and  night  signals,  which  shall  be  displayed  at 
all  times  in  such  manner  as  clearly  to  indicate  to  the  engineer 
of  an  approaching  train  whether  the  draw  is  open  or  closed. 

SECTION  133.  The  railroad  corporation  may  erect,  at  a  dis- 
tance of  five  hundred  feet  from  every  drawbridge,  or  at  such 
other  distances  as  may  on  its  application  be  prescribed  by  the 
board  of  railroad  commissioners,  and  on  each  side  thereof,  a 
substantial  barrier,  so  constructed  and  connected  with  the  draw 
by  suitable  mechanism,  that  the  draw,  when  in  position  for  the 
passage  of  trains,  cannot  be  opened  or  moved  until  the  barriers 
have  been  closed  across  the  track  in  such  manner  as  to  be  a 
warning  to  any  train  which  approaches  in  either  direction. 

SECTION  134.  If  a  drawbridge  is  not  furnished  with  such 
barriers,  and  in  all  cases  if  by  reason  of  darkness  or  otherwise 
the  barriers  or  signals  connected  with  a  drawbridge  are  not 
visible  from  the  engine  of  an  approaching  passenger  train,  the 
engineer  of  such  train  shall  bring  it  to  a  full  stop  at  a  distance 
of  not  less  than  three  hundred  nor  more  than  eight  hundred  feet 
from  the  drawbridge,  and,  before  proceeding,  shall  positively 
ascertain  that  the  draw  is  properly  closed  for  the  passage  of 
trains;  except  that  if  the  drawbridge  is  between  two  railroad 
crossings  at  grade,  within  six  hundred  feet  of  each  other,  one 
stop  only  shall  be  required  for  such  crossings  and  drawbridge. 

SECTION  135.  A  railroad  corporation  which  neglects  to  com- 
ply with  the  provisions  of  sections  one  hundred  and  thirty-two 
and  one  hundred  and  thirty-four  shall  forfeit  one  hundred  dol- 
lars for  each  day  such  neglect  is  continued;  and  an  engineer  or 
draw-tender  who  violates  any  provision  of  said  sections  or  any 
regulation  established  in  conformity  therewith  for  such  draw- 
bridge by  the  corporation  by  which  he  is  employed  shall  forfeit 
one  hundred  dollars  for  each  offence,  which  shall  be  recovered 
in  the  county  in  which  the  offence  is  committed,  to  the  use  of 
the  informer. 

SECTION  136.  Whoever  violates  any  provision  of  the  seven 
preceding  sections,  shall,  unless  otherwise  therein  provided,  for- 
feit not  less  than  three  nor  more  than  fifty  dollars  for  each 
offence.  Whoever  wilfully  injures  or  defaces  any  such  draw- 
bridge or  wharf  or  pier  appurtenant  thereto,  or  any  railroad 
bridge,  wharf  or  pier,  shall  forfeit  not  less  than  three  nor  more 
than  fifty  dollars  for  each  offence.  Whoever  without  the  con- 
sent of  the  draw-tender  opens  or  wilfully  obstructs  the  draw,  or 
wilfully  makes  fast  or  moors  any  scow,  raft  or  other  vessel  in 
such  manner  as  to  obstruct  passage  to  or  through  said  draw,  or 
wilfully  hinders  a  draw-tender  in  the  performance  of  his  duties, 
shall  forfeit  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars for  each  offence. 


PART   II.  —  OF   RAILROAD  CORPORATIONS.  95 


Stations. 

SECTION  137.     A  railroad  corporation  which  has  established  ofbpasdsen™ernt 
and  maintained  a  passenger  station  throughout  the  year  for  five  ^j{^d 
consecutive  years  at  any  point  upon  its  railroad  shall  not  aban-  ises,  175. 
don  such  station,  unless  it  is  relocated  under  the  provisions  of  §  ne. 
the  following  section,  nor  substantially  diminish  the  accommo-  g'lse. 
dation  furnished  by  the  stopping  of  trains  thereat  as  compared  |i|g. 
with  that  furnished  at  other  stations  on  the  same  railroad.    The  \H  Jf^;  ^ 
supreme  judicial  court,  upon  an  information  filed  by  the  at- 
torney-general at  the  relation  of  ten  legal  voters  of  the  city  or 
town  in  which  such  station  is  located,  shall  have  jurisdiction  in 
equity  to  restrain  the  violation  of  the  provisions  of  this  section. 

SECTION  138.     A  railroad  corporation  may  relocate  passen-  Relocation  of 
ger  stations  and  freight  depots,  with  the  approval  in  writing  of  f^fght  depot. 
the  board  of  railroad  commissioners  and  of  the  board  of  alder-  it?!;  37!; 
men  of  the  city  or  the  selectmen  of  the  town  in  which  such  sta-  f,  Ig7'n2  §  157 
tions  or  depots  are  situated.        137  Mass.  45.  issMass.  KM.          R.L.  111,5179! 

SECTION  139.     Every  railroad  corporation  shall  indicate  to  way  stations 
its  passengers  the  name  of  each  way  station  by  placing  at  or  byk?g1nsdiw 
near  the  station  a  proper  and  conspicuous  sign  or  signs,  and  p87|.'ii2," 
shall  forfeit  fifty  dollars  for  each  violation  of  the  provisions  of  f^ff'm 
this  section.  §  ISO- 

SECTION  140.     If  one  railroad  corporation  occupies  or  uses,  Compensation 
or  has  a  right  to  occupy,  enter  upon  and  use,  a  station,  railroad  p°arti3onn 
or  grounds  of  another,  or  any  portion  thereof,  the  board  of  rail-  R893'.  lii', 
road  commissioners,  upon  petition  of  either  party,  and  after  5 18L 
notice  to  the  other,  and  a  hearing,  shall  determine  the  com- 
pensation to  be  paid  for  such  occupancy  and  use.     Its  award 
shall  be  binding  upon  the  parties  thereto  for  five  years,  and 
thereafter  until  it  is  revised  or  altered  by  said  board,  and  upon 
the  request  in  writing  of  a  party  affected  thereby,  filed  within 
thirty  days  after  the  rendering  thereof,  the  award  shall  be  filed 
in  the  supreme  judicial  court  which  shall  have  jurisdiction  to 
revise  the  same  as  if  the  award  had  been  made  by  a  commission 
appointed  by  said  court. 

Switches,  Bridge  Guards,  etc. 

SECTION  141.     Every  switch  which  is  laid  in  a  railroad  track  s£^ea 
used  by  passenger  or  mixed  trains  shall  be  a  safety  switch  of  a  i87i,  24! 
type  approved  in  writing  by  the  board  of  railroad  commission-  §  us. 
ers.     For  each  switch  laid  in  violation  of  the  provisions  of  this  filg.11  ' 
section,  the  railroad  corporation  shall  forfeit  two  hundred  dol-  ^if^.111' 
lars,  and  the  further  sum  of  five  dollars  for  each  day  such  switch 
is  maintained. 

SECTION  142.     The  frogs,   switches    and  guard  rails,  except  Blocked 
guard  rails  on  bridges,  which  are  in  or  connected  with  the  rail-  isse,  126. 
road  tracks  operated  or  used  by  any  railroad  corporation  shall  R.  L!  111, 
be  kept  so  blocked  by  some  method  approved  by  the  board  of  §  183' 
railroad   commissioners   as   to   prevent    employees   from   being 


96 


PART   II.  —  OF   EAILROAD   CORPORATIONS. 


Bridge  guards. 

1869,  308, 
§§  2,  3. 

1870,  276. 
1874,  226;  372, 
§  119. 

1881,  68. 
P.  8.  112, 
§  160. 
R.  L.  Ill, 
§  184. 

175  Mass.  150. 
Amended. 
1913,  161. 


1906,  463, 
Part  II,  §  143, 
amended. 


caught  therein.  A  railroad  corporation  which  violates  the  pro- 
visions of  this  section  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each  offence. 

SECTION  143.  Every  railroad  corporation,  at  every  bridge  or 
other  structure,  any  portion  of  which  crosses  the  railroad  above 
the  track,  shall  erect  and  maintain,  in  a  manner  prescribed  by 
the  board  of  railroad  commissioners,  suitable  bridge  guards,  of 
a  type  approved  by  said  board,  except  at  places  where,  and 
so  long  as,  it  is  specially  exempted  from  the  duty  of  so  doing  by 
said  board.  A  corporation  which  neglects  to  comply  with  the 
provisions  of  this  section  shall  forfeit  fifty  dollars  for  each 
month's  neglect.  Whoever  .wilfully  destroys  or  breaks  any 
such  bridge  guard  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  or  by  imprisonment  for  not  more 
than  thirty  days.* 

Acts  of  1913,  Chapter  161. 

An  Act  relative  to  Bridge  Guards  at   Bridges  or  Other  Structures  over 

Railroads. 

SECTION  1.  Section  one  hundred  and  forty-three  of  Part  II  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six  is  hereby  amended  by  inserting  after  the  word  "board",  in  the  sixth 
line,  the  words :  —  except  at  places  where,  and  so  long  as,  it  is  specially 
exempted  from  the  duty  of  so  doing  by  said  board,  —  so  as  to  read  as  fol- 
lows:— -Section  143.  [For  §  143  as  amended,  see  above.} 


Stopping  of 
trains  at  grade 
crossings. 
1855,  452.  §  1. 
1859,  39;  126, 
§1. 

G.  S.  63, 
§§  93,  94. 
1872,  313. 
1874,  372, 
§  121. 
P.  S.  112. 
§  161. 
R.  L.  Ill, 
§  185. 


Board  may 
prescribe  rules 
for  crossings. 


Signals,  etc.,  at  Crossings. 

SECTION  144.  If  two  railroads  cross  each  other  at  the  same 
level,  the  engineer  of  every  freight  train  and,  if  both  railroads 
are  used  for  passenger  traffic,  of  every  passenger  train,  upon 
approaching  such  crossing,  shall  stop  his  engine  within  five  hun- 
dred feet  therefrom,  and  shall  not  resume  his  course  until  sig- 
nalled so  to  do,  when  he  shall  pass  slowly  over  the  crossing;  but 
one  stop  shall  be  sufficient  for  all  such  crossings  within  six  hun- 
dred feet  of  each  other  upon  the  same  railroad.  Every  engineer 
who  fails  so  to  stop  his  engine  shall  forfeit  one  hundred  dollars 
for  each  offence;  and  the  corporation  on  whose  railroad  the 
offence  is  committed  shall  forfeit  the  further  amount  of  three 
hundred  dollars. 

SECTION  145.  The  board  of  railroad  commissioners  shall 
make  general  regulations  for  all  such  crossings  or  special  regu- 

•  Under  section  143  of  Part  II.,  Chapter  463  of  the  Acts  of  1906,  the  Board  prescribes  the  follow- 
ing regulations:  — 

1.  The  standard  forms  of  pendent  or  "whip-cord"  and  of  horizontal-bar  bridge-guards  or 
"tell-tales"  now  in  common  use  on  the  leading  railroads  of  this  State,  are  approved  by  the  Board. 

2.  On  main  tracks  and  on  main-line  side  tracks,  the  guard  should  be  placed  not  less  than  100 
nor  more  than  200  feet  from  the  bridge  or  other  overhead  structure. 

3.  In  yards  and  on  switching  tracks  the  guards  should  be  placed  not  less  than  50  nor  more 
than  100  feet  from  the  bridge  or  other  overhead  structure. 

4.  The  distance  is  to  be  measured  in  all  cases  from  a  point  over  the  centre  of  the  protected 
track  in  the  near  side  of  the  bridge  or  structure,  in  the  direction  of  approach  by  trains;  and  a 
guard  ia  to  be  maintained  on  one  or  on  both  sides  of  the  bridge  or  structure  according  as  trains 
are  run  on  the  track  in  one  or  in  both  directions. 

5.  Where  two  bridges  or  structures  are  not  more  than  200  feet  apart  in  the  clear,  only  one  guard 
between  them  is  required,  the  same  to  be  placed  midway  between  the  two. 

6.  The  guard  should  be  erected  and  maintained  so  that  the  same,  or  the  lowest  part  thereof, 
will  hang  or  swing  about  three  inches  lower  than  the  lowest  part  of  the  bridge  or  structure  which 
it  is  designed  to  protect. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  97 

lations  for  such  particular  crossings  as  it  may  designate,  and  §8i7|2.372> 
in  such  detail  as  it  may  consider  expedient;  and  the  supreme  p88^1^!- 
judicial  court  may  issue  any  processes  necessary  to  secure  the  |j|f'j« 
enforcement  of  such  regulations,  or,  upon  the  petition  of  said  §  ise. 
board,   may  enjoin  the  running  of  trains  on  a  railroad  upon 
which  any  regulation  relative  to  such  crossing  is  not  exactly  ob- 
served.    The  approval  of  said  board  shall  be  required  for  a 
system  of  signals  to  be  established  and  maintained  in  concert 
by  corporations  operating  railroads  which  cross  each  other;  but 
no  such  regulation  or  system  of  signals  shall  exempt  a  railroad 
upon  or  across  which  passenger  trains  are  run  from  the  require- 
ments of  the  preceding  section,  unless  a  system  of  interlocking 
or  automatic   signals,   approved  in  writing  by   said  board,   is 
adopted  by  both  corporations. 

SECTION  146.  The  board  of  railroad  commissioners  may,  interlocking 
on  the  application  of  a  railroad  corporation  whose  railroad  isss,  ss. 
crosses  another  railroad  at  the  same  level,  after  notice  to  the  fig?.111' 
parties  and  a  hearing,  authorize  the  applicant  at  its  own  ex-  eo° Mass- 444- 
pense,  to  establish  and  maintain  a  system  of  interlocking  or 
automatic  signals  at  any  crossing  of  said  railroads,  and  to  erect 
and  maintain  the  necessary  wires,  rods,  signal  posts  and  signals, 
in  such  manner  as  said  board  shall  prescribe.  Such  corporation, 
after  the  system  has  been  established  and  approved  in  writing 
by  said  board,  shall  be  exempt  as  to  such  crossing  from  the 
requirements  of  section  one  hundred  and  forty-four  so  long  as 
said  board  continues  its  approval.  Upon  payment  to  such 
corporation  by  the  corporation  owning  or  operating  the  other 
railroad  at  such  crossing  of  so  much  of  the  cost  of  establishing 
such  system  of  signals  as,  upon  petition  of  the  latter  corpora- 
tion and  a  hearing,  is  awarded  by  said  board,  both  railroad  cor- 
porations shall,  as  to  that  crossing,  be  exempted  from  the 
requirements  of  said  section".  Until  such  payment  the  latter 
corporation  shall  semi-annually  contribute  toward  the  expense 
of  operating  said  signals  an  amount  equal  to  the  cost  to  it  of 
operating  the  signals  used  by  it  at  said  crossing  before  the 
establishment  of  the  signals  herein  provided  for.  After  the 
payment  of  such  award  the  expense  of  maintaining  and  oper- 
ating such  system  of  signals  shall  be  borne  by  the  two  railroad 
corporations  according  to  the  proportions  fixed  by  the  award 
for  paying  the  original  cost  of  the  signals.  So  much  of  the 
award  as  relates  to  the  cost  of  maintaining  and  operating  said 
signals  may,  at  the  request  of  either  party,  be  revised  at  the 
expiration  of  five  years  from  the  original  award  or  from  any 
revision  thereof. 

SECTION  147.     Every  railroad  corporation  shall  cause  a  bell  J?J £?{g rung 
of  at  least  thirty-five  pounds  in  weight,  and  a  steam  whistle,  to  ^d^}8  §  4 
be  placed  on  each  locomotive  engine  passing  upon  its  railroad;  R.| '3|.'§7|- 
and  such  bell  shall  be  rung  or  at  least  three  separate  and  dis-  G.  s.'  63,  '§  83.' 
tinct  blasts  of  such  whistle  sounded  at  the  distance  of  at  least  1874!  372, 
eighty  rods  from  the  place  where  the  railroad  crosses  upon  the  p.1!3!^,  §  153. 
same  level  any  highway,  town  way  or  travelled  place  over  which  189°- 173- 


98 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


R.  L.  Ill, 

§  188. 

2  Cush.  539. 
10  Cush.  562. 
125  Mass.  64. 
140  Mass.  239. 
153  Mass.  57, 
82. 

157  Mass.  340. 
159  Mass.  32. 
162  Mass.  135. 
170  Mass.  430. 
183  Mass.  393. 

Sounding  of 
whistles 
regulated. 
1885,  334. 
1891,  204. 
R.  L.  Ill, 
§189. 

1907,  431,  §  3. 
[See  after,  Part 
II,  §  347.] 
203  Mass.  455. 


84. 
2. 


Signboards  at 
crossings  of 
ways. 

1835,  148,  §  4. 
R.  S.  39,  §  79. 
1849,  222.  §  2. 
1859,  125,  §  1. 
G.  S.  63,  ? 
1862,  81,1 
1872,  191. 

1874,  372, 
§  124. 

1875,  219. 
1878,  68. 
P.  S.  112, 
§  164. 

R.  L.  Ill, 
§  190. 


—  at  crossings 
of  travelled 
places,  when. 
1859,  125,  §  2. 
G.  S.  63,  §  85. 
1874,  372, 
§  125. 
P.  S.  112, 
§  165. 
R.  L.  Ill, 
§191. 
7  Gray,  98. 
140  Mass.  238. 
153  Mass.  57. 
170  Mass.  430. 
203  Mass.  462. 
210  Mass.  S43. 


Gates,  etc.,  at 
crossings. 
1835,  148, 
§§4,6. 
R.  S.  39,  §  80. 
1849,  222, 
§§  1-3. 
1851,  317. 
1854,  401. 
1856,  245. 
G.  S.  63, 
§§  86-89,  92. 


a  signboard  is  required  to  be  maintained  as  provided  in  sections 
one  hundred  and  forty-nine  and  one  hundred  and  fifty;  and 
such  bell  shall  be  rung  or  such  whistle  sounded  continuously  or 
alternately  until  the  engine  has  crossed  such  way  or  travelled 
place.  The  provisions  of  this  section  shall  not  affect  the  au- 
thority conferred  upon  the  board  of  railroad  commissioners  by 
the  provisions  of  the  following  section.  ise  Mass.  474. 

187  Mass.  217.  208  Mass.  156,  456.  210  Mass.  180,  243,  SOB,  307. 

SECTION  148.  The  board  of  railroad  commissioners,  upon 
petition,  and  after  notice  to  the  railroad  corporation  and  a 
public  hearing,  may,  for  good  cause  shown,  recommend  to  such 
railroad  corporation  such  changes  as  it  considers  proper  in  the 
manner  of  making  up  and  shifting  freight  trains  or  freight  cars, 
and  to  the  sounding  of  whistles  on  locomotives,  and  it  may  by 
an  order  in  writing  forbid  or  regulate  the  sounding  of  whistles 
on  the  locomotives  of  such  corporation  at  any  specified  grade 
crossings  of  the  tracks  of  such  corporation  with  any  highway  or 
public  way.  The  corporation  which  is  subject  to  the  provisions 
of  such  order  shall  thereafter,  until  the  order  shall  have  been 
modified  or  annulled  by  said  board,  conform  in  all  respects  to 
the  terms  thereof. 

SECTION  149.  Every  railroad  corporation  shall  cause  boards, 
supported  by  posts  or  otherwise  at  such  height  as  to  be  easily 
seen  by  travellers,  and  not  obstructing  travel,  containing  on 
each  side  in  capital  letters  at  least  nine  inches  long  the  follow- 
ing inscription,  —  RAILROAD  CROSSING  —  LOOK  OUT  FOR  THE 
ENGINE,  —  to  be  placed  and  constantly  maintained  across  each 
highway  or  town  way  where  it  is  crossed  by  the  railroad  at  the 
same  level;  or  the  corporation  may  substitute  therefor  warning 
boards  on  each  side  of  the  crossing,  of  such  form,  size  and  de- 
scription as  the  board  of  railroad  commissioners  shall  approve. 

153  Mass.  57.  162  Mass.  135.  203  Mass.  462.  210  Mass.  243. 

SECTION  150.  The  board  of  aldermen  of  a  city  or  the  select- 
men of  a  town  in  which  a  travelled  place  is  crossed  by  a  railroad 
at  the  same  level,  if  of  opinion  that  it  is  necessary  for  the  better 
security  of  the  public  that  boards  such  as  are  described  in  the 
preceding  section  should  be  maintained  at  such  travelled  place, 
may  in  writing  request  the  railroad  corporation  to  erect  and 
maintain  them.  If  it  refuses  or  neglects  so  to  do,  they  may 
apply  to  the  board  of  railroad  commissioners.  If  said  board, 
after  public  notice  and  a  hearing,  decides  that  such  erection  is 
necessary  for  the  better  security  of  the  public,  the  corporation 
shall  comply  with  such  decision. 

SECTION  151.  The  board  of  railroad  commissioners,  after 
notice  to  a  railroad  corporation  whose  railroad  crosses  a  high- 
way, town  way  or  travelled  place  at  the  same  level,  and  a  hear- 
ing, may  direct  in  writing  that  gates  shall  be  erected  at  said 
crossing  across  said  way  or  place  and  that  an  agent  be  stationed 
thereat  to  open  and  close  such  gates  when  an  engine  or  train 
passes,  or  that  a  flagman  be  stationed  at  the  crossing,  who  shall 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  99 

display  a  flag  when  an  engine  or  train  passes,  or  that  such  cross-  1864, 152,  §3. 
ing  shall  be  provided  with  such  an  electric  signal  as  said  board  1374!  372! 
determines  the  better  security  of  human  life  or  the  convenience  p.1!6!^,  §166. 
of  the  public  travel  requires,  and  the  corporation  shall  comply  jfflilio 
with  such  order.  R.L.'in;§i92. 

121  Mass.  127.  129  Mass.  364.  153  Mass.  167.  S10  Mass.  243. 

SECTION  152.     The  supreme  judicial  court  shall  have  juris-  Enforcement 
diction  in  equity  to  enforce  compliance  with  the  provisions  of  section! 
the  three  preceding  sections,  and  a  railroad  corporation  which  R.  s.'  39,  §  si.' 
unreasonably  neglects  to  comply  with  an  order  or  decision  made  ?864,  i52,§§94'. 
under  the  provisions  of  the  two  preceding  sections  shall  forfeit  J8^*** 
not  more  than  one  thousand  dollars  for  every  such  neglect.        1875>  219- 

P.  S.  112.  §§  164,  168.  R.  L.  Ill,  §  193. 

SECTION  153.     The  board  of  railroad  commissioners  may  re-  signals 
quire  a  railroad  corporation  whose  railroad  crosses  a  highway  cros 
by  a  crossing  above  the  level  of  the  highway  to  give  such  signal  R89L.  in; 
as  said  board  may  designate  of  the  approach  of  trains  to  such  §  194- 
crossing.     Said  board  may  in  each  case  determine  the  nature  of 
the  signal  to  be  given,  and,  in  its  discretion,  may  require  an 
automatic  signal.     The  supreme  judicial  court  shall  have  juris- 
diction in  equity  to  compel   railroad   corporations  to  comply 
with  orders  made  by  said  board  under  the  provisions  of  this 
section. 

SECTION  154.     If  the  view  of  a  railroad  crossing  or  highway  Removal  of 
at  grade  is  obstructed  by  standing  wood  in  woodlands,  the  rail-  a^croTsfn^. 
road  corporation  or  ten  citizens  of  a  town  may  petition  the  R88L.  ni; 
county  commissioners  for  the  county  in  which  such  crossing  is  §  195- 
situated    for    the    removal    of    such    standing    wood;  and   the 
commissioners   after   notice   and   a   hearing,    shall    make   such 
orders  as  to  such  removal  as  the  public  safety  demands.     They 
shall  also  prescribe  the  limits  writhin  which  such  standing  wood 
shall  be  taken,  and  shall  d  termine  the  damage  sustained.     Such 
damage  and  the  expense  incident  thereto  shall  be  assessed  and 
collected  in  the  manner  provided  for  the  taking  of  land  by  rail- 
road corporations,  and  shall  be  paid  by  the  railroad  corpora- 
tion.    Either  party  who  is  aggrieved  by  the  decision  of  the 
commissioners,  may  appeal  therefrom  in  the  manner  provided 
in  section  eighty-seven. 

SECTION  155.     A  railroad  corporation,  or  receiver,  or  assignee  Penalty  on 
thereof,  or  its  or  his  servant  or  agent,  shall  not  wilfully  or  negli-  for^bTtr^cting 
gently  obstruct  or  unnecessarily  or  unreasonably  use  or  occupy  18547378. etc' 
a  highway,  town  way  or  street,  or  in  any  case  obstruct,  use  or  ^s.  ||,  §^8. 
occupy  it  with  cars  or  engines  for  more  than  five  minutes  at  l8^37'2' 
one  time;  and  if  a  highway,  town  way  or  street,  has  been  thus  P.  s.  112, 
used  or  occupied  with  cars  or  engines,  the  railroad  corporation,  1895/173. 
or  receiver  or  assignee  thereof,  shall  not  again  use  or  occupy  it  •  we.1 
with  the  cars  or  engines  of  a  freight  train,  until  a  sufficient  135  Mass!  Isa 
time,  not  less  than  three  minutes,  has  been  allowed  for  the  JSQ  Mass!  403' 
passage    across   the    railroad  of  such  travellers  as  were  ready  |0|  Mass.  395, 
and  waiting  to  cross  when  the  former  occupation  ceased.     A  soe'Mass.  419, 


100 


PART  II.  —  OF   RAILROAD  CORPORATIONS. 


Occupation  of 
ways  by  cars 
regulated. 
1885,  110. 
R.  L.  Ill, 
§197. 


Electricity  a 
motive  power. 
1892,  110. 
R.  L.  Ill, 
§198. 

Amended  by 
1910,  S55. 


railroad  corporation,  receiver,  or  assignee  thereof,  who  vio- 
lates the  provisions  of  this  section,  shall  forfeit  one  hundred 
dollars. 

SECTION  156.  Upon  an  application  to  the  board  of  railroad 
commissioners,  according  to  the  provisions  of  section  ten  of 
Part  I,  stating  that  a  crossing  of  a  railroad  with  a  highway, 
town  way  or  street  at  the  same  level  is  improperly  used  by  a 
railroad  corporation  with  its  freight  engines,  freight  cars  or 
freight  trains  to  the  unreasonable  inconvenience  or  danger  of 
the  public,  said  board,  after  notice,  shall  hear  the  parties;  and, 
if  public  convenience  or  safety  so  requires,  it  may  direct  that 
after  a  date  to  be  fixed  by  it  such  railroad  corporation  shall  not 
use  such  crossing  or  any  part  thereof  for  making  up,  connecting 
or  disconnecting  freight  trains,  or  the  engines  or  cars  of  such 
trains,  or  for  the  purpose  of  distributing  freight  or  freight  cars; 
and  to  prevent  the  same  may  prescribe  such  changes  to  be  made 
in  the  construction  of  side  tracks,  branches  and  connections,  in 
proximity  to  such  crossings,  and  such  regulations  limiting  the 
use  of  such  crossings,  as  may  be  necessary.  Said  board  may  at 
any  time  modify  its  order  after  a  hearing  and  for  cause  shown. 
The  supreme  judicial  court  shall  have  jurisdiction  in  equity  on 
application  of  the  attorney-general  to  enforce  compliance  with 
•such  order. 

Equipment  of  Engines  and  Cars. 

SECTION  157.  A  railroad  corporation  which  is  subject  to 
the  provisions  of  this  act  may  operate  its  railroad  by  elec- 
tricity, or  by  such  other  power  as  may  duly  be  approved  by  the 
board  of  railroad  commissioners. 


1906,  Part  II, 
463,  §  157, 
amended. 


Brakes  and 
brakemen. 
1837,  226,  §  S. 
1849,  161. 
G.  S.  63, 
§§81,82. 
1869,  426. 
1874,  372, 
§130. 
P.  S.  112, 
§170. 


Acts  of  1910,  Chapter  355. 

An  Act  to  authorize  Railroad  Corporations  to  operate  their  Railroads  by 
Electricity  or  Other  Power. 

SECTION  1 .  Section  one  hundred  and  fifty-seven  of  Part  II  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six  is  hereby  amended  by  adding  thereto  the  words :  —  or  by  such 
other  power  as  may  duly  be  approved  by  the  board  of  railroad  commis- 
sioners, —  so  as  to  read  as  follows:  —  Section  157.  A  railroad  corpora- 
tion which  is  subject  to  the  provisions  of  this  act  may  operate  its  railroad 
by  electricity,  or  by  such  other  power  as  may  duly  be  approved  by  the 
board  of  railroad  commissioners. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  6,  1910. 

SECTION  158.  Every  railroad  corporation  shall  cause  a  suffi- 
cient brake  to  be  attached  to  every  car  used  upon  its  railroad 
for  the  transportation  of  passengers,  and  to  every  car  used  for 
the  transportation  of  freight,  except  four-wheel  cars  used  only 
for  freight;  and  shall  cause  at  least  one  brakeman  for  every  two 
cars  in  a  passenger  train  to  be  stationed  thereon,  and  one  brake- 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  101 

man  for  the  last  car  of  every  freight  train  to  be  stationed  f 
thereon.     A  corporation  which  violates  the  provisions  of  this 
section  shall  forfeit  not  more  than  one  hundred  dollars.* 

Acts  of  1913,  Chapter  784,  §  24. 

SECTION  24.    Whenever  the  commission  shall  be  of  opinion,  after  a  Train  crews  — 
hearing  had  upon  its  own  motion  or  upon  complaint,  that  the  number  of  bea°rdeeSreday 
men  forming  a  train  crew  of  any  train  operating  in  the  commonwealth 
is  not  sufficient  to  operate  said  train  for  the  safety  of  the  public  and  the 
employees  of  the  railroad,  it  shall  thereupon  order  such  changes  as  it 
may  deem  necessary. 

SECTION  159.     A  railroad  corporation,  in  moving  traffic  be-  safety  ap- 
tween  points  in  this  commonwealth,  shall  not  use  any  loco-  PrefghTtraTns. 
motive  wrhich  is  not  equipped  with  a  power  driving  wheel  brake  R89L!  ii?| 5  *" 
and  appliances  for  operating  the  train  brake  system;  nor  run  §201> 
any  train  in  such  traffic  unless  a  sufficient  number  of  cars  in  it 
are  so  equipped  with  power  or  train  brakes  that  its  speed  can 
be  controlled  by  the  engineer  of  the  locomotive  which  is  draw- 
ing such  train,  without  the  use  of  the  common  hand  brakes  by 
the  brakemen.     When  such  corporation  has  equipped  a  suffi- 
cient number  of  its  cars  with  such  power  or  train  brakes,  it 
may  lawfully  refuse  to  receive  from  connecting  lines  of  railroad 
any  cars  used  in  such  traffic  which  are  not  sufficiently  equipped 
with  such  power  or  train  brakes  as  will  work  and  readily  inter- 
change with  the  brakes  in  use  on  its  own  cars. 

SECTION  160.     A  railroad  corporation  which  operates  a  rail-  ^^Ta  on 
road  or  any  portion  thereof  within  this  commonwealth  shall  f1r|^[hy!r8- 
cause  to  be  placed  upon  both  ends  of  every  freight  car  owned  R.  L!  111, 
by  it  and  which  it  may  lawfully  use  such  automatic  or  other 
safety  coupler  as  the  board  of  railroad  commissioners,  after  an 
examination  and  test,  may  prescribe,  and  said  board  may  annul 
any  such  requirement  made  by  it.     The  supreme  judicial  court, 
upon  the  application  of  the  attorney-general,  may  enforce  the 
provisions  of  this  section. 

SECTION  161.     A  railroad  corporation,  in  moving  traffic  be-  Automatic 
tween  points  in  this  commonwealth,  shall  not  haul  or  use,  or  frelghTcare. 
permit  to  be  hauled  or  used,  on  its  lines  any  car  which  is  not  R  9L.  m', 5  2' 
equipped  with  couplers  coupling  automatically  by  impact,  and  isl°Mass.  348. 
uncoupling  otherwise  than  by  going  between  the  cars.  188  Masa-  39°- 

*  Under  date  of  August  3, 1912,  the  board  of  railroad  commissioners  made  the  following  recom- 
mendations with  respect  to  the  manning  of  freight  trains  :  — 

(1)  That  all  freight  trains  operated  on  main  line  tracks,  and  all  freight  trains  operated  on 
branch  tracks  for  a  distance  of  five  miles  or  more,  shall  be  provided  with  at  least  two  brakemen. 

(2)  That  all  freight  trains  propelled  by  two  locomotives  for  a  distance  of  ten  or  more  miles, 
shall  be  provided  with  at  least  three  brakemen. 

(3)  That  all  freight  trains  while  using  the  opposite  main  track  for  the  purpose  of  allowing 
trains  to  pass,  or  for  the  purpose  of  setting  out  and  taking  in  cars,  where  a  brakeman  is  required 
to  protect  the  opposite  track,  shall  be  provided  with  at  least  three  brakemen. 

(4)  That  all  light  engines  operated  for  a  distance  of  ten  or  more  miles  shall  be  provided  with  a 
brakeman. 

It  is  not  the  intention  of  the  Board  that  the  foregoing  recommendations  shall  be  construed 
to  apply  to  cases  of  emergency  that  may  from  time  to  time  arise  in  the  operation  of  the  rail- 
road. 

September  3,  1912,  is  hereby  fixed  as  the  time  when  the  foregoing  recommendations  shall 
become  effective,  and  the  Board  reserves  the  right  to  revise  the  same  should  occasion  require. 


FART  II.  —  OF  RAILEOAD  CORPORATIONS. 


Grab  irons. 
1895,  362,  §  3. 
R.  L.  Ill, 
§204. 


Standard 
height  of 
drawbars  for 
freight  cars. 
1895,  362,  §  4. 
R.  L.  Ill, 
§205. 


Penalty. 
1895,  362,  §  5. 
R.  L.  Ill, 
§206. 


Limitation  of 
preceding 
sections. 
1895,  362,  §  5. 
R.  L.  Ill, 
§207. 

Extension  of 
time  for 
equipment. 
1895,  362,  §  6. 
R.  L.  Ill, 
§208. 


Assumption 

of  risk  by 

employee 

restricted. 

1895,  362,  §  7. 

R.  L.  Ill, 

§209. 

188  Mass.  390. 

A  mended, 

1908,663,  §  1. 

Repealed, 

1909,  614, 

$146. 

Now  1909,  614 


1906,  463, 
Part  II,  §  167, 
amended. 


SECTION  162.  A  railroad  corporation,  in  moving  traffic  be- 
tween points  in  this  commonwealth,  until  otherwise  ordered  by 
the  board  of  railroad  commissioners,  shall  not  use  any  car, 
except  flat  cars  equipped  with  automatic  couplers,  which  is  not 
provided  with  secure  grab  irons  or  hand  holds  on  the  ends  and 
sides  for  greater  security  to  men  in  coupling  and  uncoupling  cars. 

SECTION  163.  The  standard  height  of  drawbars  for  freight 
cars,  measured  perpendicularly  from  the  level  of  the  top  of  the 
rails  to  the  centres  of  the  drawbars,  shall  be  thirty-four  and  one 
half  inches  for  standard  gauge  railroads  and  twenty-six  inches 
for  narrow  gauge  railroads,  with  a  maximum  variation  from 
such  standard  height,  in  either  case,  of  three  inches  between  the 
drawbars  of  empty  and  loaded  cars;  and  no  freight  car  with 
drawbars  which  do  not  comply  with  the  above  standard,  whether 
loaded  or  unloaded,  shall  be  used  in  moving  traffic  between 
points  in  this  commonwealth. 

SECTION  164.  A  railroad  corporation  which  violates  any  of 
the  provisions  of  sections  one  hundred  and  fifty-nine,  one  hun- 
dred and  sixty-one,  one  hundred  and  sixty-two  and  one  hundred 
and  sixty-three,  shall,  for  each  offence,  forfeit  one  hundred  dol- 
lars, which  shall  be  recovered  in  an  action  of  tort  to  the  use  of 
the  commonwealth  by  the  attorney-general  or  the  district  attor- 
ney for  the  district  in  which  such  offence  was  committed. 

SECTION  165.  The  provisions  of  sections  one  hundred  and 
fifty-nine  and  one  hundred  and  sixty-one  to  one  hundred  and 
sixty-four,  inclusive,  shall  not  apply  to  trains  composed  of  four- 
wheel  cars,  or  to  locomotives  used  in  hauling  such  trains. 

SECTION  166.  The  board  of  railroad  commissioners  may  from 
time  to  time,  after  hearing  and  for  good  cause,  exempt,  until  a 
date  fixed  by  it,  any  railroad  corporation  from  the  requirements 
of  sections  one  hundred  and  fifty-nine,  one  hundred  and  sixty- 
one,  one  hundred  and  sixty-two  and  one  hundred  and  sixty-three. 

[SECTION  167.  An  employee  of  a  railroad  corporation  who  is 
injured  by  any  locomotive,  car  or  train  which  is  used  contrary 
to  the  provisions  of  sections  one  hundred  and  fifty-nine,  one 
hundred  and  sixty-one,  one  hundred  and  sixty-two  and  one  hun- 
dred and  sixty-three,  shall  not  be  deemed  to  have  assumed  the 
risk  of  such  injury,  although  he  continues  in  the  employment 
of  such  corporation  after  the  unlawful  use  of  such  locomotive, 
car  or  train  has  been  brought  to  his  knowledge.  An  employee 
of  a  railroad  corporation  who  is  injured  by  any  locomotive,  car 
or  train  by  reason  of  the  negligence  of  any  other  employee  of  the 
corporation  shall  not  be  deemed  to  have  assumed  the  risk  of  such 
injury.] 

Acts  of  1908,  Chapter  553. 

An  Act  to  limit  the  Assumption  of  Risk  by  an  Employee  of  a  Railroad 

Corporation. 

SECTION  1.  Section  one  hundred  and  sixty-seven  of  Part  II  of  chap- 
ter four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six  is  hereby  amended  by  adding  at  the  end  thereof  the  words:  — 
An  employee  of  a  railroad  corporation  who  is  injured  by  any  locomotive, 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  103 

car  or  train  by  reason  of  the  negligence  of  any  other  employee  of  the  cor- 
poration shall  not  be  deemed  to  have  assumed  the  risk  of  such  injury,  — 
so  as  to  read  as  follows:  —  Section  167.  [For  §  167  as  amended,  see  above.] 

Acts  of  1909,  Chapter  514,  §§  127-143,  145,  146. 
LIABILITY  OF   EMPLOYERS  TO   EMPLOYEES. 

SECTION  127.    If  personal  injury  is  caused  to  an  employee,  who,  at  Liability  of 
the  time  of  the  injury,  is  in  the  exercise  of  due  care  by  reason  of:  employee.*0 

First,  A  defect  in  the  condition  of  the  ways,  works  or  machinery  con-  R-  L-  :.06-  § 71- 
nected  with  or  used  in  the  business  of  the  employer,  which  arose  from,  or  Limited,  ' 
had  not  been  discovered  or  remedied  in  consequence  of,  the  negligence  Kri'7^/4. 
of  the  employer  or  of  a  person  in  his  service  who  had  been  entrusted  by  ^  Mass-  *5> 
him  with  the  duty  of  seeing  that  the  ways,  works  or  machinery  were  in  2os'Mass.  231. 
proper  condition;  or,  $*> Mass-  81- 

210  Mass.  88.  212  Mass.  171,  191,  274.  213  Mass.  250. 

Second,  The  negligence  of  a  person  in  the  service  of  the  employer  who  203  Mass.  260. 
was  entrusted  with  and  was  exercising  superintendence  and  whose  sole  207  Mass  204 
or  principal  duty  was  that  of  superintendence,  or,  in  the  absence  of  such  212  Mass.  275. 
superintendent,  of  a  person  acting  as  superintendent  with  the  authority  527. i 
or  consent  of  such  employer;  or, 

Third,  The  negligence  of  a  person  in  the  service  of  the  employer  who  208  Mass.  16, 
was  in  charge  or  control  of  a  signal,  switch,  locomotive  engine,  elevated  |^'Mass  82 
train  or  train  upon  a  railroad  or  elevated  railway;  210  Mass.  177, 

The  employee,  or  his  legal  representatives,  shall,  subject  to  the  provi- 
sions of  the  nine  following  sections,  have  the  same  rights  to  compensa- 
tion and  of  action  against  the  employer  as  if  he  had  not  been  an  employee, 
nor  in  the  service,  nor  engaged  in  the  work,  of  the  employer. 

A  car  which  is  in  use  by,  or  which  is  in  possession  of,  a  railroad  cor- 
poration, or  an  elevated  car  which  is  in  use  by  or  which  is  in  possession 
of  an  elevated  railway  corporation,  shall  be  considered  as  a  part  of  the 
ways,  works  or  machinery  of  the  corporation  which  uses  or  has  it  in 
possession,  within  the  meaning  of  clause  one  of  this  section,  whether  it  is 
owned  by  such  corporation  or  by  some  other  company  or  person.  One 
or  more  cars  which  are  in  motion,  whether  attached  to  an  engine  or  not, 
shall  constitute  a  train  within  the  meaning  of  clause  three  of  this  section, 
and  whoever,  as  a  part  of  his  duty  for  the  time  being,  physically  controls 
or  directs  the  movements  of  a  signal,  switch,  locomotive  engine,  elevated 
train  or  train  shall  be  deemed  to  be  a  person  in  charge  or  control  of  a 
signal,  switch,  locomotive  engine,  elevated  train  or  train  within  the  mean- 
ing of  said  clause. 

SECTION   128.     If  the  injury  described  in  the  preceding  section  results  Action  if  in- 
in  the  death  of  the  employee,  and  such  death  is  not  instantaneous  or  is  jj^eath  m>t 
preceded  by  conscious  suffering,  and  if  there  is  any  person  who  would  instantaneous 
have  been  entitled  to  bring  an  action  under  the  provisions  of  the  follow-  conscious  suf- 
ing  section,  the  legal  representatives  of  said  employee  may,  in  the  action  Rri£g'io6,  §  72. 
brought  under  the  provisions  of  the  preceding  section,  recover  damages  woe,  370. 
for  the  death  in  addition  to  those  for  the  injury;  and  in  the  same  action  1911*761, 
under  a  separate  count  at  common  law,  may  recover  damages  for  con-  m^Muss4^. 
scious  suffering  resulting  from  the  same  injury.  208  Mass.  298. 

209  Mass.  82.  210  Mass.  88.  213  Mass.  250. 

SECTION  129.     If,  as  the  result  of  the  negligence  of  an  employer  him if  injury 

self,  or  of  a  person  for  whose  negligence  an  employer  is  liable  under  the  instantaneous 
provisions  of  section  one  hundred  and  twenty-seven,  an  employee  is  in-  death  or 

.....  ,.  .  .  Z.  .  .          .  ,  ..,       death  without 

stantly  killed,  or  dies  without  conscious  suffering,  his  widow  or,  if  he  conscious  suf- 
leaves  no  widow,  his  next  of  kin,  who,  at  the  time  of  his  death,  were  ^Mass.  ss. 


104 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


212  Mass.  191. 

213  Mass.  250. 
R.  L.  106,  §  73. 
Amendment  of 
actions  brought 
under  two 
preceding  sec- 
tions. 

1908,  457. 
210  Mass.  88. 
213  Mass.  250. 
Limited,' 
1911,  761, 
Part  I,  §  4. 

Damages. 
R.  L.  106,  §  74. 
210  Mass.  88. 
Limited, 
1911,  751, 
Part  I,  §  4- 


Notice. 

R.  L.  106,  §  75. 

Limited, 

1911,  751, 

Part  I,  §  4- 

210  Mass.  88, 

89. 

213  Mass.  250. 


Liability  of  an 
employer  to 
the  employee 
of  a  contractor 
or  sub-con- 
tractor. 

R.  L.  106,  §  76. 
Limited, 
1911,  751, 
Part  I,  §  4- 
213  Mass.  250. 


dependent  upon  his  wages  for  support,  shall  have  a  right  of  action  for 
damages  against  the  employer.  1908, 457.  1911,  751,  Part  I,  §  4. 

SECTION  130.  If  an  action  is  brought  under  the  provisions  of  the  pre- 
ceding section  by  the  widow  of  the  employee,  or  by  the  next  of  kin,  who 
may  have  such  right  of  action,  or  if  the  action  is  brought  under  the  pro- 
visions of  section  one  hundred  and  twenty-seven  by  the  legal  representa- 
tives, such  action  shall  not  fail  by  reason  of  the  fact  that  it  should  have 
been  brought  under  the  other  section,  but  may  be  so  amended  as  to  pro- 
vide against  such  failure  at  any  time  prior  to  final  judgment. 

SECTION  131.  If  under  the  provisions  of  sections  one  hundred  and 
twenty-eight  and  one  hundred  and  twenty-nine  damages  are  awarded 
for  the  death,  they  shall  be  assessed  with  reference  to  the  degree  of  cul- 
pability of  the  employer  or  of  the  person  for  whose  negligence  the  em- 
ployer is  liable. 

The  amount  of  damages  which  may  be  awarded  in  an  action  under  the 
provisions  of  section  one  hundred  and  twenty-seven  for  a  personal  injury 
to  an  employee,  in  which  no  damages  for  his  death  are  awarded  under 
the  provisions  of  section  one  hundred  and  twenty-eight  shall  not  exceed 
four  thousand  dollars. 

The  amount  of  damages  which  may  be  awarded  in  such  action,  if 
damages  for  his  death  are  awarded  under  the  provisions  of  section  one 
hundred  and  twenty-eight  shall  not  exceed  five  thousand  dollars  for  both 
the  injury  and  the  death,  and  shall  be  apportioned  by  the  jury  between 
the  legal  representatives  of  the  employee  and  the  persons  who  would  have 
been  entitled  under  the  provisions  of  section  one  hundred  and  twenty- 
nine  to  bring  an  action  for  his  death  if  it  had  been  instantaneous  or  with- 
out conscious  suffering. 

The  amount  of  damages  which  may  be  awarded  in  an  action  brought 
under  the  provisions  of  section  one  hundred  and  twenty-nine  shall  not 
be  less  than  five  hundred  nor  more  than  five  thousand  dollars. 

SECTION  132.  No  action  for  the  recovery  of  damages  for  injury  or 
death  under  the  provisions  of  the  five  preceding  sections  shall  be  main- 
tained unless  notice  of  the  time,  place  and  cause  of  the  injury  is  given 
to  the  employer  within  sixty  days,  and  the  action  is  commenced  within 
one  year,  after  the  accident  which  causes  the  injury  or  death.  Such 
notice  shall  be  in  writing,  signed  by  the  person  injured  or  by  a  person 
in  his  behalf;  but  if,  from  physical  or  mental  incapacity  it  is  impossible 
for  the  person  injured  to  give  the  notice  within  the  time  provided  in  this 
section,  he  may  give  it  within  ten  days  after  such  incapacity  has  been 
removed,  and  if  he  dies  without  having  given  notice  and  without  having 
been  for  ten  days  at  any  time  after  his  injury  of  sufficient  capacity  to 
give  it,  his  executor  or  administrator  may  give  such  notice  within  sixty 
days  after  his  appointment.  A  notice  given  under  the  provisions  of  this 
section  shall  not  be  held  invalid  or  insufficient  solely  by  reason  of  an  inac- 
curacy in  stating  the  tune,  place  or  cause  of  the  injury  if  it  is  shown  that 
there  was  no  intention  to  mislead,  and  that  the  employer  was  not  in  fact 
misled  thereby. 

SECTION  133.  If  an  employer  enters  into  a  contract,  written  or  ver- 
bal, with  an  independent  contractor  to  do  a  part  of  such  employer's 
work,  or  if  such  contractor  enters  into  a  contract  with  a  sub-contractor 
to  do  all  or  any  part  of  the  work  comprised  in  such  contractor's  work 
with  the  employer,  such  contract  or  sub-contract  shall  not  bar  the  liabil- 
ity of  the  employer  for  injuries  to  the  employees  of  such  contractor  or 
sub-contractor  caused  by  any  defect  in  the  condition  of  the  ways,  works, 
machinery  or  plant,  if  they  are  the  property  of  the  employer  or  are  fur- 
nished by  him  and  if  such  defect  arose,  or  had  not  been  discovered  or 


PART  II.  —  OF  RAILROAD   CORPORATIONS.  105 

remedied,  through  the  negligence  of  the  employer  or  of  some  person  en- 
trusted by  him  with  the  duty  of  seeing  that  they  were  in  proper  condition. 

SECTION  134.    An  employee  or  his  legal  representatives  shall  not  be  Employer  not 
entitled  under  the  provisions  of  sections  one  hundred  and  twenty-seven  £,*^'ejhen' 
to  one  hundred  and  thirty-one,  inclusive,  to  any  right  of  action  for  dam-  ion,  75 1, 
ages  to  his  employer  if  such  employee  knew  of  the  defect  or  negligence  R°L.  ioe; '§  77. 
which  caused  the  injury,  and  failed  within  a  reasonable  time  to  give,  or 
cause  to  be  given,  information  thereof  to  the  employer,  or  to  some  per- 
son superior  to  himself  in  the  service  of  the  employer  who  was  entrusted 
with  general  superintendence. 

SECTION  135.    An  employer  who  shall  have  contributed  to  an  insur-  Evidence  in 
ance  fund  created  and  maintained  for  the  mutual  purpose  of  indemnify-  ofddamages. 
ing  an  employee  for  personal  injuries  for  which  compensation  may  be  fj?lt<e~i, 
recovered  under  the  provisions  of  sections  one  hundred  and  twenty-seven  Part'i,  §  '4. 
to  one  hundred  and  thirty-one,  inclusive,  of  this  act  or  to  any  relief  R-  L- 106>  * 78- 
society  formed  under  the  provisions  of  sections  seventeen,  eighteen  and 
nineteen  of  chapter  one  hundred  and  twenty-five  of  the  Revised  Laws, 
or  under  the  provisions  of  sections  forty-six,  forty-seven  and  forty-eight 
of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year 
nineteen  hundred  and  six,  may  prove  in  mitigation  of  the  damages 
recoverable  by  an  employee  under  the  provisions  of  said  sections,  such 
proportion   of  the  pecuniary  benefit  which  has  been  received  by  such 
employee  from  any  such  fund  or  society  on  account  of  such  contribution 
of  said  employer  as  the  contribution  of  such  employer  to  such  fund  or 
society  bears  to  the  whole  contribution  thereto. 

SECTION  136.    An  employer  of  labor  may  submit  to  the  state  board  of  Plans  ?f  c°m- 

.,.    ,.  i        i  •,       ,-  i  F  j_-         r  i  •      i  •     pensation  for 

conciliation  and  arbitration  a  plan  of  compensation  for  employees  in  his  injured  em- 
employ,  providing  foj  payments  to  them  in  the  event  of  injury  in  the  igosT-m 
course  of  their  employment,  based  upon  a  certain  percentage  of  their  §§  i.  2. 
average  earnings,  and  without  reference  to  legal  liability  under  the  com- 
mon law  of  the  employers'  liability  act.    After  examination  of  such  plan 
of  compensation,  and  a  public  hearing  thereon  after  public  notice  thereof, 
said  board  may,  if  it  considers  the  plan  fair  and  just  to  the  employee, 
give  its  approval  thereof  by  its  certificate  attached  thereto;   and,  there- 
after, the  employer  may  enter  into  a  contract  with  his  employees  by 
which  they  shall  release  him  from  liability  in  case  of  injury  in  the  course 
of  said  employment  and  accept  in  lieu  thereof  the  compensation  provided 
in  said  plan. 

SECTION  137.    Either  parent  or  the  guardian  of  any  minor  employee  Form  of  agree- 
may  agree  to  said  plan  of  compensation  in  behalf  of  the  minor.    Such  "ethoTof 
agreement  shall  be  in  writing  signed  by  the  employee,  or,  in  the  case  of  signing. 
a  minor  employee,  by  either  parent  or  the  guardian,  in  the  presence  of 
two  witnesses,  of  whom  one  shall  be  an  employee  at  the  time  of  such 
signature. 
'   SECTION  138.    No  employer  shall  require  as  a  condition  of  employ-  Agreement  to 

,,      ,  i  i     ii  i  f  a.-  plan  to  be  vol- 

ment  that  any  employee  shall  assent  to  any  plan  of  compensation  or  in  Untary. 
any  way  waive  his  legal  right  to  recover  damages  for  an  injury  outside  J^f^gg' 
the  provisions  of  such  plan,  and  no  contract  under  such  plan  of  compen-  §§  4,  5. 
sation  shall  be  binding  for  more  than  one  year  from  the  date  thereof. 

SECTION  139.    The  employees  of  any  employer  of  labor,  numbering  Employees, 
at  least  ten  per  cent  of  those  regularly  employed  during  the  preceding  ^ft  tonthe  Sl 
year,  may  submit  to  the  state  board  of  conciliation  and  arbitration  a  plan  ^"$0°f  g°°" 
of  compensation  such  as  is  described  in  section  one  hundred  and  thirty-  a  plan  of  corn- 
six  of  this  act.    Such  plan  shall  be  referred  to  the  employer,  and  in  case  ?go8?489.' e 
no  agreement  between  the  employer  and  employees  is  reached  within  1909>  2n- 
thirty  days  and  reported  to  said  board,  then  after  examination  of  the 


106 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Contracts  for 
exemption  of 
employer  from 
jiability  for 
injury  for- 
bidden. 

R.  L.  106,  §  16. 
1908,  489,  §  6. 
Protection  of 
interests  of 
employees. 
1908,  380. 
Limited, 
1911,  751, 
Part  I,  §  4- 


Extent  of 
application  of 
preceding 
sections. 

Assumption  of 
risk  by  rail- 
road em- 
ployees. 
1906,  463, 
Part  II,  §  167. 
Limited, 
1911,  761, 
Part  I,  §  4- 
209  Mass.  495. 


Repeal. 

210  Mass.  89. 


said  plan  of  compensation,  and  a  public  hearing  thereon  after  public 
notice  thereof,  the  board  of  conciliation  and  arbitration  may,  if  it  con- 
siders the  same  fair  and  just  to  the  employer  and  employees,  recommend 
to  the  employer  the  adoption  of  the  same.  Upon  notice  of  acceptance 
of  the  plan  duly  filed  by  the  employer  the  plan  shall  be  deemed  to  be  in 
force  precisely  as  if  it  had  been  submitted  and  approved  under  the  pro- 
visions of  the  preceding  sections  of  this  act. 

SECTION  140.  Except  as  provided  in  the  four  preceding  sections,  no 
person  shall,  by  a  special  contract  with  his  employees,  exempt  himself 
from  liability  which  he  may  be  under  to  them  for  injuries  suffered  by 
them  in  their  employment  and  resulting  from  the  negligence  of  the 
employer  or  of  a  person. in  his  employ. 

SECTION  141.  A  justice  of  the  superior  court  may,  upon  petition 
setting  forth  in  ordinary  language  that  the  servant  or  employee  of  a 
certain  firm,  person,  corporation  or  association  has  been  injured  in  the 
course  of  his  employment,  through  some  defect  in  the  ways,  works  or 
machinery  owned  or  used  by  the  employer,  and  that  it  is  necessary  in 
order  to  protect  the  interests  of  the  injured  person  that  an  examination 
should  be  made  of  the  ways,  works  or  machinery  through  whose  defect 
the  injury  occurred,  and  after  such  notice  to  the  employer  as  any  justice 
of  said  court  may  direct  or  approve,  and  a  hearing,  grant  an  order  direct- 
ing the  employer  or  person  in  control  of  such  ways,  works  or  machinery 
to  permit  the  person  named  in  said  order  to  make  such  examination, 
under  such  conditions  as  shall  be  set  forth  in  the  order. 

SECTION  142.  The  provisions  of  the  fourteen  preceding  sections  shall 
not  apply  to  injuries  caused  to  domestic  servants  or  farm  laborers  by 

fellow   employees.  R-  L.  106,  §  79.  Limited,  1911,  751,  Parti,  §  4. 

SECTION  143.  An  employee  of  a  railroad  corporation  who  is  injured 
by  any  locomotive,  car  or  train  which  is  used  contrary  to  the  provisions 
of  sections  one  hundred  and  fifty-nine,  one  hundred  and  sixty-one,  one 
hundred  and  sixty-two  and  one  hundred  and  sixty-three  of  Part  II  of 
chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen 
hundred  and  six,  shall  not  be  deemed  to  have  assumed  the  risk  of  such 
injury,  although  he  continues  in  the  employment  of  such  corporation 
after  the  unlawful  use  of  such  locomotive,  car  or  train  has  been  brought 
to  his  knowledge.  An  employee  of  a  railroad  corporation  who  is  injured 
by  any  locomotive,  car  or  train  by  reason  of  the  negligence  of  any  other 
employee  of  the  corporation  shall  not  be  deemed  to  have  assumed  the 
risk  of  such  injury. 

REPEAL. 

SECTION  145.  Section  fifty-seven  of  chapter  twenty-five  of  the  Re- 
vised Laws,  sections  thirty-eight  to  forty-seven,  inclusive,  of  chapter  one 
hundred  and  four  of  the  Revised  Laws,  chapter  one  hundred  and  six 
of  the  Revised  Laws,  sections  eleven  and  twelve  of  chapter  one  hundred 
and  eight  of  the  Revised  Laws,  section  thirty-four  of  chapter  one  hun- 
dred and  eighty-nine  of  the  Revised  Laws,  section  twenty  of  chapter  two 
hundred  and  twenty-four  of  the  Revised  Laws;  chapters  one  hundred 
and  eighty-three,  three  hundred  and  twenty-two,  three  hundred  and  fifty, 
three  hundred  and  eighty-four,  four  hundred  and  thirty,  four  hundred 
and  thirty-five,  four  hundred  and  forty-six  and  four  hundred  and  fifty 
of  the  acts  of  the  year  nineteen  hundred  and  two;  chapters  two  hundred 
and  seventy-five  and  four  hundred  and  seventy-five  of  the  acts  of  the  year 
nineteen  hundred  and  three;  chapters  three  hundred  and  eleven,  three 
hundred  and  thirteen,  three  hundred  and  fifteen,  three  hundred  and 
twenty,  three  hundred  and  thirty-four,  three  hundred  and  thirty-five, 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  107 

three  hundred  and  forty-three,  three  hundred  and  forty-seven,  three 
hundred  and  forty-nine,  three  hundred  and  ninety-seven,  three  hundred 
and  ninety-nine  and  four  hundred  and  thirty-two  of  the  acts  of  the  year 
nineteen  hundred  and  four;  chapters  two  hundred  and  thirteen,  two 
hundred  and  thirty-one,  two  hundred  and  thirty-eight,  two  hundred  and 
sixty-seven,  three  hundred  and  four  and  three  hundred  and  eight  of  the 
acts  of  the  year  nineteen  hundred  and  five;  chapters  two  hundred  and 
fifty,  two  hundred  and  eighty-four,  three  hundred  and  seventy,  three 
hundred  and  ninety,  four  hundred  and  twenty-seven,  four  hundred  and 
thirty-five,  section  one  hundred  and  sixty-seven  of  Part  II  of  chapter 
four  hundred  and  sixty-three,  chapters  four  hundred  and  ninety-nine 
and  five  hundred  and  seventeen  of  the  acts  of  the  year  nineteen  hundred 
and  six;  chapters  one  hundred  and  thirty-five,  one  hundred  and  sixty-four, 
one  hundred  and  ninety-three,  two  hundred  and  twenty-four,  two  hun- 
dred and  sixty-seven,  two  hundred  and  sixty-nine,  section  two  of  chapter 
five  hundred  and  three,  chapters  five  hundred  and  seventy  and  five 
hundred  and  seventy-seven  of  the  acts  of  the  year  nineteen  hundred  and 
seven;  chapters  two  hundred  and  seventeen,  two  hundred  and  twenty- 
eight,  three  hundred  and  six,  three  hundred  and  eighty,  four  hundred 
and  twenty,  four  hundred  and  fifty-seven,  four  hundred  and  eighty-five, 
four  hundred  and  eighty-nine,  five  hundred  and  forty-seven,  six  hundred 
and  forty-five  and  six  hundred  and  fifty  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  and  chapter  two  hundred  and  eleven  of  the  acts  of 
the  year  nineteen  hundred  and  nine,  and  all  other  acts  and  parts  of  acts 
inconsistent  herewith  are  hereby  repealed. 

SECTION  146.  The  provisions  of  this  act,  so  far  as  they  are  the  same  Effect  of 
as  those  of  existing  statutes,  shall  be  construed  as  a  continuation  thereof,  "icf Maaj.  89. 
and  not  as  new  enactments,  and  a  reference  in  a  statute  which  has  not 
been  repealed  to  provisions  of  law  which  have  been  wholly  or  partially 
revised  and  re-enacted  herein  shall  be  construed  as  applying  to  such 
provisions  as  so  incorporated  in  this  act.  The  repeal  of  a  law  by  this 
act  shall  not  affect  any  act  done,  ratified  or  confirmed,  or  any  right 
accrued  or  established,  or  any  action,  suit  or  proceeding  commenced 
under  any  of  the  laws  repealed  before  the  repeal  took  effect,  or  any  action, 
suit  or  proceeding  pending  at  the  time  of  the  repeal  for  an  offence  com- 
mitted, or  for  the  recovery  of  a  penalty  or  forfeiture  incurred,  under 
any  of  the  laws  repealed,  but  the  proceedings  shall,  when  necessary, 
conform  to  the  provisions  of  this  act.  Any  provision  of  this  act  by  which 
a  punishment,  penalty  or  forfeiture  is  mitigated  may  be  extended  and 
applied  to  any  judgment  pronounced  after  said  repeal. 

Acts  of  1909,  Chapter  363. 
An  Act  relative  to  the  Rights  of  Action  of  Employees  against  Employers. 

SECTION  1.  If  a  defect  in  the  ways,  works  or  machinery  of  a  person,  Rights  of 
partnership  or  corporation  has  been  reported  to  the  person  whose  duty  ^pioyees 
it  is  to  remedy  said  defect,  or  cause  it  to  be  remedied,  or  to  report  its  against 

.  ,.,.,,.  ii,.  i  employers. 

existence,  and  such  defect  is  not  remedied  within  a  reasonable  time,  and  See  1909, 514, 
by  reason  of  said  defect  an  employee  is  injured,  such  employees  shall  not  ****?•  1^4- 
be  held  to  have  assumed  the  risk  of  such  injury. 

SECTION  2.    This  act  shall  take  effect  on  the  first  day  of  January  in 
the  year  nineteen  hundred  and  ten.     [Approved  May  7,  1909. 


108 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


Damages  for 
personal  in- 
jury, etc. 


Law  not  to 
apply  in 
certain  cases. 


Tools  to  be 
carried  with 
trains. 
1870,  372. 
1871,7. 
1874,  372, 
§  131. 
P.  S.  112, 
§  171. 

1882,  54,  §  1. 
R.  L.  Ill, 
§210. 


Safeguards 

against  fire. 

1882,  64,  §  3. 

R.  L.  Ill, 

§211. 

See  1906,  283. 


Heating  of 

cars  regulated. 

1887,  362. 

1891,  249. 

R.  L.  Ill, 

§212. 

See  1911,  491. 


ACTS  OF  1911,  CHAPTER  751,  PART  I,  §§  1,  4. 

An  Act  relative  to  Payments  to  Employees  for  Personal  Injuries  received 
in  the  Course  of  their  Employment  and  to  the  Prevention  of  Such 
Injuries. 

PART  I. 

MODIFICATION   OF  REMEDIES. 

SECTION  1.  In  an  action  to  recover  damages  for  personal  injury  sus- 
tained by  an  employee  in"  the  course  of  his  employment,  or  for  death 
resulting  from  personal  injury  so  sustained,  it  shall  not  be  a  defense: 

1.  That  the  employee  was  negligent; 

2.  That  the  injury  was  caused  by  the  negligence  of  a  fellow  employee; 

3.  That  the  employee  had  assumed  the  risk  of  the  injury. 
SECTION  4.    The  provisions  of  sections  one  hundred  and  twenty-seven 

to  one  hundred  and  thirty-five,  inclusive,  and  of  one  hundred  and  forty- 
one  to  one  hundred  and  forty-three,  inclusive,  of  chapter  five  hundred  and 
fourteen  of  the  acts  of  the  year  nineteen  hundred  and  nine,  and  of  any 
acts  in  amendment  thereof,  shall  not  apply  to  employees  of  a  subscriber 
while  this  act  is  in  effect. 

SECTION  168.  Every  railroad  corporation  shall  equip  each 
of  its  trains,  for  use  in  case  of  accident,  with  two  car  replacers, 
two  jack  screws,  two  crowbars,  one  pinch  bar,  one  claw  bar, 
one  spike  hammer,  two  sharp  axes,  and  ropes  or  chains  suitable 
for  hauling  cars;  and  shall  also  equip  each  car  of  every  passen- 
ger train  which  is  owned  or  regularly  used  by  it,  including  mail 
and  baggage  cars,  with  two  sets  of  tools,  consisting  of  an  axe, 
a  sledge  hammer,  a  crowbar,  handsaw  and  pail,  which  shall  be 
maintained  in  good  condition,  and  one  set  of  which  shall  be 
kept  upon  the  inside  and  the  other  upon  the  outside  of  every 
such  car,  in  a  convenient  place  and  in  a  manner  approved  by 
the  board  of  railroad  commissioners;  but  one  set  shall  be  suffi- 
cient if  so  placed  as  to  be  accessible  both  from  the  inside  and 
outside  of  such  car.  A  corporation  which  violates  the  provi- 
sions of  this  section  shall  forfeit  five  hundred  dollars. 

SECTION  169.  Every  passenger,  baggage,  mail  and  express 
car,  which  is  owned  or  regularly  used  on  any  railroad  in  this 
commonwealth,  shall  be  provided  with  such  safeguards  against 
fire  as  the  board  of  railroad  commissioners  in  writing  shall 
order.  A  corporation  which  violates  the  provisions  of  this  sec- 
tion shall  forfeit  three  hundred  dollars  for  each  offence. 

SECTION  170.  A  passenger,  mail  or  baggage  car  in  this  com- 
monwealth shall  not  be  heated  by  a  stove  or  furnace  which  is 
kept  inside  the  car  or  suspended  therefrom  unless  it  is  tem- 
porarily necessary  by  reason  of  an  accident  or  other  emergency, 
and  no  method  of  heating  such  cars  nor  heater  shall  be  used 
until  it  shall  have  been  approved  in  writing  by  the  board  of 
railroad  commissioners;  but  said  board  may  from  time  to  time 
grant  such  exemptions  from  the  requirements  of  this  section  as 
may  seem  to  it  necessary  or  reasonable,  and  may  grant  permis- 
sion to  any  railroad  corporation  to  make  such  experiments  in 
heating  its  passenger  cars  as  said  board  determines  is  proper. 


PART  II.  —  OF  RAILROAD  CORPORATIONS.  109 

A  corporation  which  violates  the  provisions  of  this  section  shall 
forfeit  not  more  than  five  hundred  dollars. 

SECTION  171.     A  passenger  car  on  a  railroad  shall  not  be  Passenger  cars 
lighted  by  naphtha,  nor  by  an  illuminating  oil  or  fluid  made  in  lighted  by 
part  of  naphtha  or  which  will  ignite  at  a  temperature  of  less  iles^se0118' 
than  three  hundred  degrees  Fahrenheit.     A  corporation  which  If^'lyl; 
violates  the  provisions  of  this  section  shall  forfeit  not  more  than  f>  1j?2. 

„  i  -i         i      i     11  I*.  B.  11Z,  t  I'A 

five  hundred  dollars.  R.L.m,§2i3. 

SECTION  172.     Every  passenger,  baggage,  mail  and  express  platform 
car,  which  is  owned  or  regularly  used  on  any  railroad  in  this  fgoo.'zas. 
commonwealth  shall  be  provided  at  each  end  thereof  with  plat-  f^u.111' 
form  gates  of  a  pattern  approved  by  the  board  of  railroad  com-  Seeisn,  no. 
missioners.     A   railroad   corporation   which   hauls   or   uses   or 
permits  to  be  hauled  or  used  on  its  railroad  any  car  in  violation 
of  the  provisions  of  this  section  shall,  for  each  offence,  forfeit 
one  hundred  dollars  to  the  use  of  the  commonwealth,  and  the 
attorney-general  or  the  district  attorney  for  the  district  in  which 
such  violation  occurred  shall  bring  an  action  therefor. 

Acts  of  1911,  Chapter  491. 
An  Act  relative  to  the  Furnishing  of  Drinking  Water  on  Passenger  Trains. 

SECTION  1.     Every  railroad  car,  excepting  private  cars,  sleeping  cars,  Drinking 
dining  cars,  parlor  cars,  and  the  smoking,  buffet  and  observation  cars  used  p*8^n™r 
in  connection  with  the  same,  while  in  use  for  the  transportation  of  pas-  trains, 
sengers,  upon  a  train  running  thirty  miles  or  more,  shall  be  provided  m^ssi.  y 
with  a  sufficient  quantity  of  pure  drinking  water  in  such  place  or  places  in 
the  car  as  will  be  convenient  for  the  passengers,  and  with  individual  drink- 
ing cups  which  shall  be  accessible  to  the  passengers.     Said  cups  shall  be 
in  a  proper  receptacle  near  the  water  tank,  and  said  receptacle  shall  be  so  placed 
as  to  be  easily  seen  and  shall  be  plainly  marked  as  follows:  — 

DRINKING  CUPS 

FOR  USE 

ONLY  IN  THIS  CAR 
FREE 

such  words  to  occupy  a  space  not  less  than  two  inches  wide  by  three  inches 
long,  and  to  be  in  clear  black  letters  on  a  white  background.  No  charge 
shall  be  made  for  the  water  or  for  the  drinking  cups.  The  water  and 
cups  supplied  shall  be  subject  to  the  supervision  and  approval  of  the  state 
board  of  health;  and  the  said  board  shall  enforce  the  provisions  of  this  act. 

SECTION  2.    Violations  of  this  act  shall  be  punished  by  a  fine  of  not  Penalty, 
less  than  twenty-five  dollars  for  each  trip  made  by  a  car  used  for  trans- 
porting passengers  and  not  provided  with  water  and  utensils  for  its  dis- 
tribution in  accordance  with  the  provisions  hereof. 

SECTION  3.    This  act  shall  take  effect  on  the  fifteenth  day  of  June  in 
the  current  year.    [Approved  May  27, 1911. 

Acts  of  1912,  Chapter  581. 

An  Act  relative  to  the  Furnishing  of  Drinking  Water  on  Passenger  Trains 
of  Railroad  Corporations. 

Section  one  of  chapter  four  hundred  and  ninety-one  of  the  acts  of  the  1911,491, 
year  nineteen  hundred  and  eleven  is  hereby  amended  by  inserting  after  amended, 
the  word  "car",  in  the  first  line,  the  words:  —  excepting  private  cars, 


110  PART  II.  —  OF   RAILROAD   CORPORATIONS. 

sleeping  cars,  dining  cars,  parlor  cars,  and  the  smoking,  buffet  and  observa- 
tion cars  used  in  connection  with  the  same,  —  by  inserting  after  the  word 
"passengers",  in  the  sixth  line,  the  words:  — •  Said  cups  shall  be  in  a  proper 
receptacle  near  the  water  tank,  and  said  receptacle  shall  be  so  placed  as 
to  be  easily  seen  and  shall  be  plainly  marked  as  follows :  — • 

DRINKING  CUPS 

FOR  USE 

ONLY  IN  THIS  CAR 
FREE 

such  words  to  occupy  a  space  not  less  than  two  inches  wide  by  three 
inches  long,  and  to  be  in  clear  black  letters  on  a  white  background,  — 
and  by  striking  out  all  after  the  word  "act",  in  the  tenth  line,  so  as  to 
read  as  follows:  —  Section  1.  [For  §  1  as  amended,  see  above.] 

JSEftive  [SECTION  173.     The    board    of   railroad    commissioners    may 

i882rS73  make  and  revise  regulations  for  testing  the  boilers  of  locomo- 

R.  L!  iii.  tives,  and  shall  communicate  such  revision  to  every  person  or 
Repealed.  corporation  which  operates  a  railroad  in  this  commonwealth. 
The  tests  under  such  regulations  shall,  if  possible,  be  made  by 
the  master  mechanic  of  the  corporation,  firm  or  person  which 
constructs,  repairs  or  uses  such  boilers.  A  person  or  corpora- 
tion using  a  locomotive  on  a  railroad  in  this  commonwealth,  the 
boiler  of  which  has  not  been  tested  in  accordance  with  the  pro- 
visions of  this  section,  shall  be  punished  by  a  fine  of  twenty 
dollars  for  every  day  during  which  such  use  continues,  to  the 
use  of  the  commonwealth.]* 

Section  173,  The  board  of  railroad  commissioners  may  make 
and  revise  regulations  for  testing  boilers  of  locomotives  used  by 
railroad  corporations,  by  other  corporations,  and  by  persons, 
firms  or  associations  upon  any  railroad  or  railway  within  the 
commonwealth,  and  every  person,  firm,  association  and  corpora- 
tion other  than  a  railroad  corporation  so  using  a  locomotive  shall 
inform  said  board  in  writing  on  or  before  June  thirtieth -of  each 
year  of  the  number  of  locomotives  so  used  by  him  or  it,  together 
with  the  length  of  track  of  such  railroad  or  railway,  its  location 

*  On  June  1,  1909,  the  board  of  railroad  commissioners,  under  the  provisions  of  Acts  of  1909, 
chapter  348,  issued  the  following  regulations  for  the  inspection  and  test  of  locomotive  boilers:  — 

All  boilers  for  locomotives,  before  going  into  service,  must  be  subjected  to  a  hydraulic  pressure 
of  at  least  twenty-five  pounds  per  square  inch  in  excess  of  the  maximum  working  pressure  allowed, 
and  in  no  case  shall  it  be  less  than  one  hundred  and  fifty  pounds  per  square  inch.  The  master 
mechanic  or  other  proper  representative  of  the  company  shall  attend  the  test  in  person. 

This  test  must  be  repeated  at  least  once  in  every  twelve  months. 

Stay-bolts  must  be  examined  after  every  hydraulic  test,  before  engine  goes  into  service,  and 
special  examination  of  stay-bolts  must  be  made  at  least  as  often  as  once  in  every  three  months. 

When  these  examinations  are  made,  all  the  water  must  be  drawn  from  the  boiler,  so  that  tl»e 
vibration  of  the  sheet  may  indicate  any  unsoundness  of  the  stay-bolts,  when  it  is  struck  with  the 
hammer. 

The  tell-tale  holes  must  be  carefully  examined  and  any  found  closed  must  be  opened. 

All  stay-bolts,  except  flexible  bolts  and  those  eight  inches  or  over  in  length,  must  be  drilled 
from  the  outside  one  and  one-fourth  inches  deep  and  three  sixteenths  of  an  inch  in  diameter. 

In  inspecting  flexible  stay-bolts  with  caps  on  the  outside,  caps  must  be  removed  at  least  once 
in  every  twelve  months. 

All  stay-bolts  found  broken  at  the  time  of  inspection  shall  be  removed  before  engine  is  allowed 
to  go  into  service. 

Steam  gauges  and  safety  valves  must  be  tested  immediately  before  hydraulic  pressure  is  ap- 
plied and  tested  at  least  once  in  three  months  thereafter. 

A  record  of  all  tests  must  be  made,  giving  dates  and  any  other  information  worthy  of  mention, 
and  a  report  of  the  same  for  the  preceding  calendar  year  must  be  made  annually  to  the  Board 
of  Railroad  Commissioners  on  or  before  the  first  day  of  February. 

These  regulations  supersede  all  previous  regulations  made  by  the  Board  of  Railroad  Commis- 
sioners. 


PART   II.  —  OF  RAILROAD   CORPORATIONS.  Ill 

and  uses,  and  such  other  information  as  the  board  may  require. 
The  provisions  of  this  section  shall  apply  to  railroads  for  private 
use  authorized  by  section  two  hundred  and  fifty-one  of  Part  II 
of  this  act.  Tests  under  regulations  made  as  aforesaid  shall,  if 
possible,  be  made  by  the  master  mechanic  of  the  corporation, 
association,  person  or  firm  which  constructs,  repairs  or  uses  the 
boiler  of  the  locomotive,  and  the  report  of  such  tests  shall  be  in 
form  satisfactory  to  the  board.  A  corporation,  association,  firm 
or  person  using  a  locomotive  in  this  commonwealth  the  boiler  of 
which  has  not  been  tested  in  accordance  with  the  provisions  of 
this  section  shall  be  punished  by  a  fine  of  twenty  dollars  for  every 
day  after  notice  by  the  board  during  which  such  use  continues. 

Acts  of  1909,  Chapter  348. 
An  Act  relative  to  the  Testing  of  Boilers  of  Locomotives. 

Chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  1906,  463, 
hundred  and  six  is  hereby  amended  by  striking  out  section  one  hundred  Amended 
and  seventy-three  of  Part  II  and  inserting  in  place  thereof  the  following:  — 
Section  173.     [For  §  173  as  amended,  see  above.] 

SECTION  174.     A  railroad  corporation  which  uses  any  vacuum  Mufflera  with 
brake  shall  provide  and  use  on  every  locomotive  equipped  there-  brakes™ 
with  a  muffler  or  other  appliance,  approved  in  writing  by  the  Iff'j84' 
board  of  railroad  commissioners,  for  deadening  the  noise  inci-  ?.  f 73  ^ 
dent  to  the  operation  of  such  brake;  but  any  other  appliance  R.  L.  in, 
may  be  used  upon  any  locomotive  for  the  purpose  of  experiment 
only,  for  not  more  than  thirty  days,  but  not  upon  more  than 
two   locomotives   of  the  same    corporation   at   any  one  time. 
Every  application  to  said  board  for  approval  of  such  appliances 
shall  be  in  writing;  and  such  approval  may  be  revoked  by  said 
board  by  written  notice  to  the  corporation. 

SECTION  175.     A  railroad  corporation  wrhich  uses  upon   its  —  with  safety 
locomotives  a  pop  or  other  safety  valve  shall  provide  and  use  IsToTW,  §  2. 
therewith  a  suitable  and  sufficient  appliance  for  deadening  the  f'lfs.112' 
sound  made  by  steam  escaping  therefrom,  and,  if  it  materially  j^g  nit 
retards  the  escape  of  steam  or  increases  the  pressure  upon  the 
boiler,  the  corporation  shall  use  an  additional  safety  valve  with- 
out such  appliance,  set  at  a  higher  point  than  the  other  but 
below  the  point  at  which  explosion  is  likely  to  occur. 

SECTION  176.     A  corporation  which  violates  any  provision  Penalties. 
of  the  two  preceding  sections  shall  forfeit  not  less  than  one  p87|;  if!,' §  4' 
hundred  nor  more  than  three  hundred  dollars  for  every  locomo-  ft1!6'!!!, 
tive  used  by  it  in  violation  thereof,  and  a  further  sum  of  five  §  217- 
dollars  for  each  day  upon  which  such  locomotive  shall  be  run 
in  violation  thereof. 

SECTION  177.     Every  railroad  corporation  shall  furnish  rea-  Reasonable  ac- 

11  i     .  •  p         ,  i  •  i         i>    i  F  commodations. 

sonable  accommodations  tor  the  convenience  and  safety  or  pas-  1349, 191,  §  2. 
sengers;  and  for  every  wilful  neglect  to  provide  the  same  shall  i874;372,§  n°' 
forfeit  not  less  than  five  nor  more  than  twenty  dollars. 

P.  S.  112,  §  177.  R.  L.  Ill,  §219.  See  1911,  120. 


112 


PART   II.  —  OF  RAILROAD   CORPORATIONS. 


Uniform  caps 
and  badges  for 
employees. 
1874,  292;  372, 
§  134. 
1876,  33. 
P.  S.  112, 
§  178. 
R.  L.  Ill, 
§220. 


Color-blind- 
ness, examina- 
tion for. 
1881,  194. 
P.  S.  112, 
§179. 
1883,  125. 
R.  L.  Ill, 
§221. 
See  1911,639. 


Locomotive 
engineers. 


Conductors. 


Work  on 
Lord's  day 
unlawful, 
unless. 


SECTION  178.  Every  railroad  corporation  shall  provide  a 
uniform  hat  or  cap  and  distinguishing  badge,  which  shall  be 
worn  by  all  its  employees  whose  duties  relate  immediately  to 
the  transportation  of  passengers  or  their  baggage.  A  corpora- 
tion which  neglects  to  provide  such  uniform  hat  or  cap  and 
badge  shall  forfeit  one  hundred  dollars  for  each  week  of  such 
neglect;  and  if  such  an  employee  neglects  to  wear  the  same 
when  on  duty,  the  corporation  which  employs  him  shall  for 
each  case  of  such  neglect  forfeit  twenty-five  dollars;  and  no 
employee,  unless  wearing  his  uniform  hat  or  cap  and  badge, 
shall  be  permitted  to  exercise  any  authority  or  to  perform  any 
of  the  duties  of  his  office. 

SECTION  179.  A  railroad  corporation  shall  not  employ  any 
person  or  keep  him  in  its  employ  in  a  position  which  requires 
the  employee  to  distinguish  form  or  color  signals,  unless  he  has 
been  examined  for  color-blindness  or  other  defective  sight  by  a 
competent  person  employed  by  the  corporation  and  has  received 
a  certificate  that  he  is  not  disqualified  for  such  position  by 
color-blindness  or  other  defective  sight.  A  railroad  corporation 
which  violates  the  provisions  of  this  section  shall  forfeit  one 
hundred  dollars. 

Acts  of  1911,  Chapter  539. 

An  Act  relative  to  the  Employment  of  Locomotive  Engineers  and  Con- 
ductors by  Railroad  Corporations. 

SECTION  1.  No  person  shall  act  as  a  locomotive  engineer  unless  he 
shall  have  been  employed  two  years  as  a  locomotive  fireman  or  as  an 
engineer's  helper,  or,  prior  to  the  passage  of  this  act,  shall  have  been 
employed  as  a  locomotive  engineer. 

SECTION  2.  No  person  shall  act  as  a  conductor  on  a  railroad  train 
unless  he  shall  have  been  employed  as  a  brakeman  for  two  years,  or, 
prior  to  the  passage  of  this  act,  shall  have  been  employed  as  a  conductor 
on  a  railroad  train. 

SECTION  3.  No  person  shall  knowingly  engage,  promote,  require,  per- 
suade, prevail  upon,  or  cause  any  person  to  act  in  violation  of  either  of 
the  preceding  sections. 

SECTION  4.  Nothing  in  this  act  shall  be  construed  as  applying  to  the 
operating  of  locomotive  engines  by  engine  hostlers  in  or  around  engine 
houses.  In  the  event  of  the  disability  of  an  engineer  or  conductor  on  the 
road,  railroad  companies  may  employ  persons  without  the  qualifications 
prescribed  by  this  act,  but  only  for  the  purpose  of  reaching  a  terminal 
station. 

SECTION  5.  Any  violation  of  the  provisions  of  this  act  shall  be  punished 
by  imprisonment  for  not  more  than  one  year,  or  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  by  both  such  imprisonment  and  fine,  and 
each  day's  violation  shall  constitute  a  separate  offence. 

SECTION  6.    This  act  shall  apply  to  standard  gauge  railroads  only. 

SECTION  7.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  10, 191 L 

Acts  of  1909,  Chapter  514,  §  52. 

SECTION  52.  Except  in  cases  of  emergency  or  except  at  the  request 
of  the  employee,  it  shall  not  be  lawful  for  any  person,  partnership,  associa- 
tion or  corporation  to  require  an  employee  engaged  in  any  commercial 
occupation,  or  in  the  work  of  any  industrial  process,  or  in  the  work  of 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  113 

transportation  or  communication,  to  do  on  the  Lord's  day  the  usual 
work  of  his  occupation,  unless  such  employee  is  allowed  during  the  six 
days  next  ensuing  twenty-four  consecutive  hours  without  labor.  But 
the  provisions  of  this  section  shall  not  be  construed  as  authorizing  any 
work  on  the  Lord's  day  not  now  authorized  by  law;  nor  as  applying 
to  farm  or  personal  service,  to  druggists,  to  watchmen,  to  superintendents 
or  managers,  to  janitors,  or  to  persons  engaged  in  the  transportation, 
sale  or  delivery  of  milk,  food  or  newspapers.  Whoever  violates  the  pro- 
visions of  this  section  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollars  for  each  offence. 

Revised  Laws,  Chapter  106,  §  15. 

SECTION  15.    A  corporation  which  is  engaged  in  carrying  passengers  Railroads,  etc., 
or  in  transporting  freight  for  hire  shall  not  require  or  receive  from  a  certahi'bonds. 
person  who  is  employed  or  about  to  be  employed  by  it  a  bond  or  other  1900' 282> 
security,  either  with  or  without  surety,  to  indemnify  such  corporation 
against  loss  or  damage  to  other  persons  or  to  property  resulting  from 
the  act  or  neglect  of  such  person,  except  a  bond  to  account  for  money 
or  other  property  of  such  corporation.     A  corporation  or  a  person  in 
its  behalf  who  violates  the  provisions  of  this  section  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars  for  the  first  offence  and  of  not 
more  than  one  hundred  dollars  for  each  subsequent  offence. 

Acts  of  1909,  Chapter  514,  §§  25,  26. 

SECTION  25.  No  railroad,  street  railway,  electric  light,  gas,  telegraph,  j^™P^™ent 
telephone,  water  or  steamboat  company  shall  appoint,  promote,  reinstate,  service  cor- 
suspend  or  discharge  any  person  employed  or  seeking  employment  by  Dieted18 ' 
any  such  company  at  the  request  of  the  governor,  lieutenant  governor,  ^3>3320' 
or  any  member  or  member  elect  of  the  council  or  of  the  general  court, 
or  candidate  therefor,  justice  of  the  supreme  judicial  court,  justice  of 
the  superior  court,  judge  of  probate,  justice  of  a  police,  district  or 
municipal  court,  district  attorney,  member  or  member  elect  of  a  board 
of  county  commissioners,  or  candidate  for  county  commissioner,  member 
or  member  elect  of  a  board  of  aldermen,  or  selectmen,  or  city  council, 
or  any  executive,  administrative  or  judicial  officer,  clerk  or  employee  of 
any  branch  of  the  government  of  the  commonwealth  or  of  any  county, 
city  or  town;  nor  shall  any  such  public  officer  or  body,  or  any  member 
or  member  elect  thereof  or  candidate  therefor,  directly  or  indirectly 
advocate,  oppose,  or  otherwise  interfere  in,  or  make  any  request,  recom- 
mendation, endorsement,  requirement  or  certificate  relative  to,  and  the 
same,  if  made,  shall  not  be  required  as  a  condition  precedent  to,  or  be 
in  any  way  regarded  or  permitted  to  influence  or  control,  the  appoint- 
ment, promotion,  reinstatement  or  retention  of  any  person  employed  or 
seeking  employment  by  any  such  corporation,  and  no  such  person  shall 
solicit,  obtain,  exhibit,  or  otherwise  make  use  of  any  such  official  re- 
quest, recommendation,  certificate  or  endorsement  in  connection  with 
any  existing  or  desired  employment  by  a  public  service  corporation. 
Any  person  or  corporation  violating  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  offence. 

SECTION  26.   .The  offices  of  probation  officer,  notary  public  and  justice  £efinld0ffices 
of  the  peace,  prison  officer,  agent  of  the  prison  commissioners  and  agent  1903,  32^,  §  2. 
of  the  state  board  of  charity  shall  not  be  considered  public  offices  within 
the  meaning  of  the  preceding  section. 


114 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


1909,  514, 
§  112,  etc., 
amended. 


Weekly  pay- 
ment of 
wages,  etc. 
1879,  128. 
P.  S.  28,  §  12. 

1886,  87, 
§§  1,2. 

1887,  399,  §  1. 
1891,  239,  §  1. 

1894,  508, 
§§  51,  65. 

1895,  438. 

1896,  241,  334. 

1898,  481. 

1899,  247. 

1900,  470. 

163  Mass.  589. 
170  Mass.  140. 
172  Mass.  230. 
See  191 1,249. 
206  Mass.  423. 


Penalty. 


WEEKLY  PAYMENT  OF  WAGES. 

Acts  of  1909,  chapter  514,  §  112,  etc.,  as  amended  by  Acts  of  1911,  Chapter  208. 
An  Act  relative  to  the  Weekly  Payment  of  Wages  by  Express  Companies. 

Section  one  hundred  and  twelve  of  chapter  five  hundred  and  fourteen 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  as  amended  by  chapter 
three  hundred  and  fifty  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  is  hereby  further  amended  by  striking  out  the  word  "incorporated", 
in  the  third  line,  so  as  to  read  as  follows:  —  Section  112.  Every  manu- 
facturing, mining,  or  quarrying,  mercantile,  railroad,  street  railway, 
telegraph  or  telephone  corporation,  every  express  company  or  water 
company,  and  every  contractor,  person  or  partnership  engaged  in  any 
manufacturing  business,  in  any  of  the  building  trades,  in  quarries  or 
mines,  upon  public  works  or  in  the  construction  or  repair  of  railroads, 
street  railways,  roads,  bridges  or  sewers,  or  of  gas,  water  or  electric  light 
works,  pipes  or  lines,  shall  pay  weekly  each  employee  engaged  in  his 
or  its  business  the  wages  earned  by  him  to  within  six  days  of  the  date 
of  said  payment,  but  any  employee  leaving  his  or  her  employment,  shall 
be  paid  in  full  on  the  following  regular  pay  day;  and  any  employee  dis- 
charged from  such  employment  shall  be  paid  in  full  on  the  day  of  his 
discharge,  or  in  the  city  of  Boston  as  soon  as  the  provisions  of  law 
requiring  pay  rolls,  bills  and  accounts  to  be  certified  shall  have  been 
complied  with;  and  the  commonwealth,  its  officers,  boards  and  com- 
missions shall  so  pay  every  mechanic,  workman  and  laborer  who  is 
employed  by  it  or  them,  and  every  person  employed  by  it  or  them  in 
any  penal  or  charitable  institution,  and  every  county  and  city  shall  so 
pay  every  employee  who  is  engaged  in  its  business  the  wages  or  salary 
earned  by  him,  unless  such  mechanic,  workman,  laborer  or  employee 
requests  in  writing  to  be  paid  in  a  different  manner;  and  every  town 
shall  so  pay  each  employee  in  its  business  if  so  required  by  him;  but 
an  employee  who  is  absent  from  his  regular  place  of  labor  at  a  time  fixed 
for  payment  shall  be  paid  thereafter  on  demand.  The  provisions  of  this 
section  shall  not  apply  to  an  employee  of  a  co-operative  corporation  or 
association  if  he  is  a  stockholder  therein  unless  he.  requests  such  corpora- 
tion to  pay  him  weekly.  The  board  of  railroad  commissioners,  after  a 
hearing,  may  exempt  any  railroad  corporation  from  paying  weekly  any 
of  its  employees  if  it  appears  to  the  board  that  such  employees  prefer 
less  frequent  payments,  and  that  their  interests  and  the  interests  of 
the  public  will  not  suffer  thereby.  No  corporation,  contractor,  person 
or  partnership  shall  by  a  special  contract  with  an  employee  or  by  any 
other  means  exempt  himself  or  itself  from  the  provisions  of  this  and  the 
following  section.  Whoever  violates  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 
[Approved  March  28,  1911. 


Chief  of  dis- 
trict police  to 
prosecute  vio- 
lations of 
preceding 
section. 

1886,  87,  §  2-4. 

1887,  399,  §  2. 
1891,  239. 

1894,  508, 
§§  52-54. 

1895,  438. 

1896,  334. 


Acts  of  1909,  Chapter  514,  §  113. 

SECTION  113.  The  chief  of  the  district  police  or  an  inspector  of 
factories  and  public  buildings  may  make  a  complaint  against  any  person 
for  a  violation  of  the  provisions  of  the  preceding  section.  [1909,  614, 
§  112,  now  1911,  208.}  Complaints  for  such  violation,  shall  be  made 
within  thirty  days  after  the  date  thereof,  and,  on  the  trial,  no  defence 
for  failure  to  pay  as  required,  other  than  the  attachment  of  such  wages 
by  the  trustee  process  or  a  valid  assignment  thereof  or  a  valid  set-off 
against  the  same,  or  the  absence  of  the  employee  from  his  regular  place 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  115 

of  labor  at  the  time  of  payment,  or  an  actual  tender  to  such  employee  isos,  481. 

at  the  time  of  payment  of  the  wages  so  earned  by  him,  shall  be  valid.  ^j^'  423 

The  defendant  shall  not  set  up  as  a  defence  a  payment  of  wages  after 

the  bringing  of  the  complaint.     An  assignment  of  future  wages  which 

are  payable  weekly  under  the  provisions  of  this  act  shall  not  be  valid  if 

made  to  the  person  from  whom  such  wages  are  to  become  due  or  to  any 

person  on  his  behalf  or  if  made  or  procured  to  be  made  to  another  person 

for  the  purpose  of  relieving  the  employer  from  the  obligation  to  pay 

weekly.     The  word  "person"  in  this  section  shall  include  the  corporations, 

contractors,  persons  and  partnerships  described  in  the  preceding  section. 

Revised  Laws,  Chapter  176,  §  1. 

SECTION  1.    A  person  qualified  to  vote  for  representatives   to  the  Qualifications 
general  court  shall  be  liable  to  serve  as  a  juror,  except  that  the  following  tk>nsexemp~ 
persons  shall  be  exempt  :  c.  L.  55,  §  2. 

The  governor;    lieutenant-governor;    members  of  the  council;    secre-  c!  L!  352! 
tary  of  the  commonwealth;    members  and  officers  of  the  senate  and  irfs'I^f  4'  9" 
house  of  representatives  during  the  session  of  the  general  court;   judges  1802!  92!  §  i! 
and  justices  of  a  court,  except  justices  of  the  peace;   county  and  asso-  ilos!^0'    1- 
ciate  commissioners;  clerks  of  courts  and  assistant  clerks  and  all  regularly  ™lj<  Jl^f: 
appointed  officers  of  the  courts  of  the  United  States  and  of  this  common-  95.  §'§  1-3. 
wealth;    registers  of  probate  and  insolvency;  registers  of  deeds;  sheriffs  ifto!  218,  §  8. 
and  their   deputies;    constables;    marshals  of  the  United  States  and  j|5|'  j^4-.  2 
their  deputies,   and  all  other  officers  of  the  United  States;    attorneys  G.  s.'  132, 
at  law;    settled  ministers  of  the  gospel;    officers  of  colleges;   preceptors  fleV.l'is. 
and  teachers   of   incorporated  academies;    registered  practising  physi-  ™7*<  j^o,  §  17. 
cians  and  surgeons;    cashiers  of  incorporated  banks;   constant  ferrymen;  §§  L  2. 
persons  who  are  more  than  sixty-five  years  old  ;  members  of  the  volunteer  j^M^st.  107. 
militia;  members  of  the  ancient  and  honorable  artillery  company;  super-  f^Mas^'eo 
intendents,  officers  and  assistants  employed  in  or  about  a  state  hospital,  143  Mass!  iso. 
insane  hospital,  jail,  house  of  correction,  state  industrial  school  or  state 
prison;  keepers  of  light  houses;  conductors  and  engine  drivers  of  railroad 
trains;   teachers  in  public  schools;   enginemen  and  members  of  the  fire 
department  of  the  city  of  Boston,  and  of  other  cities  and  towns  in  which 
such  exemption  has  been  made  by  vote  of  the  city  council  or  the  inhab- 
itants of  the  town,  respectively. 

Acts  of  1908,  Chapter  604,  §  3. 

SECTION  3.    In  addition  to  the  persons  exempted  by  the  laws  of  the  Exemptions. 
United  States  from  enrolment  in  the  militia,  the  following  persons  shall  Fj^L116^  ^ts 
also  be  absolutely  exempt:    justices  and  clerks  of  courts  of  record;  p.  s.  14,  §2. 
judges  and  -  registers  of  probate  and  insolvency;   registers  of  deeds,  and  isos]  IOT',  §  2! 
sheriffs  ;    officers  who  hold  or  have  held  commissions  in  the  regular  or  4Jv?as8-  2j??;, 
volunteer  army  or  navy  of  the  United  States;   officers  who  have  held,  u  Mass!  394! 


for  a  period  of  five  years,  commissions  in  the  militia  of  this  or  of  any  . 

other  state  of  the  United  States,  or  who  have  been  superseded  and  dis-  2  Pick.  597. 
charged,  or  who  have  held  commissions  in  any  organization  of  the  Massa- 
chusetts volunteer  militia  at  the  time  of  its  disbandment;  enlisted  men 
who  have  served  honorably  in  the  volunteer  militia  for  a  period  of  nine 
years;  ministers  of  the  gospel;  practising  physicians;  superintendents, 
officers  and  assistants  employed  in  or  about  any  of  the  state  hospitals, 
state  almshouses,  state  prisons,  jails  or  houses  of  correction;  keepers  of 
lighthouses;  conductors  and  engine  drivers  of  railroad  trains;  seamen 
actually  employed  on  board  of  any  vessel,  or  who  have  been  so  employed 
within  three  months  next  preceding  the  time  of  enrolment. 


116 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Further 

appliances. 

1882,  54,  §  4. 

R.  L.  111. 

§222. 

See  1908,  495. 


Rates  of  fare, 
how  estab- 
lished and 
revised. 
R.  S.  39,  §  83. 
G.  S.  63   §  112. 
1870,  325.  §  1. 
1874,  372, 
§  179. 

P.  S.I  12,  §180. 
R.L.  Ill,  §225. 
12  Gray,  180. 
160  Mass.  82. 
170  Mass.  205. 
210  Mass.  163, 
655. 

See  1907,  287; 
1908,  504. 


Charges  for 
service  regu- 
lated. 


Fixing  of  rates, 
charges,  etc., 
subject  to  com- 
mission's 
approval. 


Issue  of 
mileage,  and 
other  tickets. 


Season  tickets. 


SECTION  180.  The  board  of  railroad  commissioners  may 
require  a  railroad  corporation  to  equip  its  cars  with  such  other 
appliances  as,  in  the  judgment  of  said  board,  are  necessary  for 
the  further  protection  of  life  in  all  passenger  trains  used  in  this 
commonwealth. 

Fares,  Tolls,  Charges,  etc. 

SECTION  181.  A  railroad  corporation  may  establish  for  its 
sole  benefit  fares,  tolls  and  charges  upon  all  passengers  and 
property  conveyed  or  transported  on  its  railroad,  at  such  rates 
as  may  be  determined  by  its  directors,  and  may  from  time  to 
time  by  its  directors  regulate  the  use  of  its  railroad;  but  such 
fares,  tolls  and  charges,  and  such  regulations,  shall  be  subject 
to  revision  and  alteration  by  the  general  court,  or  by  such  offi- 
cers or  persons  as  it  may  appoint  for  the  purpose,  anything  in 
the  charter  of  the  railroad  corporation  to  the  contrary  notwith- 
standing. 

Acts  of  1913,  Chapter  784,  §§  17,  19,  20-22. 

SECTION  17.  All  charges  made,  demanded  or  received  by  any  common 
carrier  subject  to  the  supervision  of  the  commission  for  any  service  rendered 
or  performed,  or  to  be  rendered  or  performed  by  it  or  in  connection  there- 
with in  the  conduct  of  its  common  carrier  business,  or  made,  demanded 
or  received  by  any  two  or  more  common  carriers  joining  in  rendering 
or  performing  any  service  shall  be  just  and  reasonable,  and  every  such 
common  carrier  and  any  two  or  more  such  common  carriers  joining  in 
rendering  or  performing  any  service  shall  be  entitled  to  make,  demand 
and  receive  just  and  reasonable  charges  for  any  such  service,  and  every 
unjust  or  unreasonable  charge  is  hereby  prohibited  and  declared  unlawful; 
but  charges  heretofore  established  and  set  out  in  any  schedule  filed  as 
hereinafter  provided  shall  be  deemed  prima  facie  lawful  until  changed  or 
modified  by  the  commission  under  the  powers  conferred  upon  the  com- 
mission by  the  provisions  of  this  act,  but  this  provision  shall  not  give  to 
such  rates  any  greater  weight  as  evidence  of  the  reasonableness  of  other 
rates  than  they  would  otherwise  have. 

SECTION  19.  Subject  to  the  powers  of  the  commission  to  regulate  and 
prescribe  rates  and  charges,  a  common  carrier  may  make  commodity, 
transit,  or  other  classes  of  rates.  The  furnishing  by  any  common  carrier 
of  any  service  at  the  rates  and  upon  the  terms  and  conditions  provided 
for  in  any  existing  contract  executed  prior  to  the  first  day  of  July,  nine- 
teen hundred  and  thirteen,  shall  not  constitute  a  discrimination  unless 
the  commission  shall  so  determine.  The  commission  shall  not  be  pre- 
vented from  taking  such  action  as  it  may  deem  proper  by  any  commitment 
or  agreement  of  a  common  carrier  entered  into  by  reason  of  any  require- 
ment or  recommendation  of  any  board  or  public  officers  acting  under 
delegated  authority  from  the  general  court  prior  to  the  enactment  hereof. 
Unless  the  commission  shall  determine  otherwise  common  carriers  shall 
be  permitted,  whether  required  to  do  so  by  law  or  not,  to  issue  mileage, 
workingmen's,  excursion,  school,  or  commutation  passenger  tickets,  or 
reduced  rate  tickets  for  the  transportation  of  children  under  twelve  years 
of  age,  or  of  pupils  attending  schools,  or  joint  interchangeable  mileage 
tickets,  with  special  privileges  as  to  the  amount  of  free  baggage  that  may 
be  carried  under  mileage  tickets  of  five  hundred  miles  or  more.  All  season 
tickets,  before  issuance,  shall  be  subject  to  the  approval  of  the  commission 
as  to  the  form  thereof  and  the  conditions  named  therein. 


PART  II.  —  OF   RAILROAD  CORPORATIONS.  117 

SECTION  20.    Every  common  carrier  shall  file  with  the  commission  and  ^tes^ete?  °to 
shall  plainly  print  and  keep  open  to  public  inspection,  schedules  showing  be  filed,  etc. 
all  rates,  joint  rates,  fares,  telephone  rentals,  tolls,  classifications  and 
charges  for  any  service,  of  every  kind  rendered  or  furnished,  or  to  be  ren- 
dered or  furnished,  by  it  within  the  commonwealth,  and  all  conditions 
and  limitations,  rules  and  regulations  and  forms  of  contracts  or  agree- 
ments in  any  manner  affecting  the  same,  in  such  places,  within  such  time, 
and  in  such  form,  and  with  such  detail  as  the  commission  may  order.    In  Forms  for 
the  case  of  common  carriers  the  forms  prescribed  for  such  schedules  and  8chedules- 
the  requirements  relative  to  the  filing  and  publication  thereof  shall  con- 
form, as  nearly  as  may  be,  to  the  forms  prescribed  by  and  the  similar  re- 
quirements of  the  interstate  commerce  commission.    No  common  carrier  charges,  etc., 
shall,  except  as  otherwise  provided  in  this  act,  charge,  demand,  exact,  re«ulated- 
receive,  or  collect  .a  different  rate,  joint  rate,  fare,  telephone  rental,  toll 
or  charge  for  any  service  rendered  or  furnished  by  it,  or  to  be  rendered  or 
furnished,  from  that  applicable  to  such  service  as  specified  in  its  schedule 
filed  with  the  commission  and  in  effect  at  the  time.    Nor  shall  any  com-  Refunds,  etc. 
mon  carrier  refund,  or  remit  directly  or  indirectly,  any  rate,  joint  rate, 
fare,  telephone  rental,  toll  or  charge  so  specified,  or  any  part  thereof,  nor 
extend  to  any  person  or  corporation  any  rule,  regulation,  privilege  or  facil- 
ity except  such  as  are  specified  in  the  said  schedule  and  regularly  and  uni- 
formly extended  to  all  persons  and  corporations  under  like  circumstances 
for  the  like,  or  substantially  similar,  service.    Unless  the  commission  Thirty  days' 
otherwise  orders,  no  change  shall  be  made  in  any  rate,  joint  rate,  fare,  cha^Vin  rates 
telephone  rental,  toll,  classification  or  charge,  or  in  any  rule  or  regulation  etc. 
or  form  of  contract  or  agreement  in  any  manner  affecting  the  same  as  shown 
upon  the  schedules  filed  in  accordance  with  this  act,  except  after  thirty 
days'  notice  to  the  commission,  which  notice  shall  plainly  state  the 
changes  proposed  to  be  made  in  the  schedule  then  in  force  and  the  time 
when  such  changes  shall  take  effect,  and  such  notice  to  the  public  as  the 
commission  shall  order,  to  be  given  prior  to  the  time,  fixed  in  such  notice 
to  the  commission,  for  the  changes  to  take  effect.    The  commission,  for  Waiver  of 
good  cause  shown  may  allow  changes  without  requiring  the  thirty  days'  n 
notice,  under  such  conditions  as  it  may  prescribe,  and  may  suspend  the 
taking  effect  of  changes  under  the  circumstances  and  in  the  manner  here- 
inafter provided.    At  the  time  when  any  changes  take  effect,  they  shall 
be  plainly  indicated  upon  existing  schedules,  or  new  schedules  shall  be 
printed  and  filed,  as  the  commission  may  order.     Nothing  in  this  act  shall  Certain  exist- 

, .         .  ing  contracts 

be  construed  to  prevent  any  telegraph  or  telephone  corporation  from  con-  not  affected, 
tinuing  to  furnish  the  use  of  its  lines,  equipment  or  service  under  any 
contract  or  contracts  in  force  at  the  date  when  this  act  takes  effect,  or 
upon  the  taking  effect  of  any  schedule  or  schedules  of  rates  subsequently 
filed  with  the  commission,  as  hereinafter  provided,  at  the  rate  or  rates 
fixed  in  such  contract  or  contracts :  provided,  however,  that  when  any  such  Proviso, 
contract  or  contracts  are  or  become  terminable  by  notice,  the  commission 
shall  have  power  in  its  discretion  to  direct  by  order  that  such  contract  or 
contracts  shall  be  terminated  by  the  telegraph  or  telephone  corporation 
party  thereto,  and  thereupon  such  contract  or  contracts  shall  be  termi- 
nated by  such  telegraph  or  telephone  corporation  as  and  when  directed 
by  such  order. 

SECTION  21.    Whenever  the  commission  receives  notice  of  any  change  Public  hear- 
or  changes  proposed  to  be  made  in  any  schedule  filed  under  the  provisions  pno^d°changes 
of  this  act,  it  shall  have  power,  either  upon  complaint  or  upon  its  own  m  rates>  etc- 
motion,  and  after  notice,  to  hold  a  public  hearing  and  make  investigation 
as  to  the  propriety  of  such  proposed  change  or  changes.     Pending  any 
such  investigation  and  the  decision  thereon,  the  commission  shall  have 


118 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


power,  by  any  order  served  upon  the  common  carrier  affected,  to  suspend 
the  taking  effect  of  such  change  or  changes,  but  not  for  a  longer  period 
than  six  months  beyond  the  time  when  such  change  or  changes  would 
Decision  on       otherwise  take  effect.    After  such  hearing  and  investigation,  the  commis- 
tes.etc.  majce  suc^  orcier  m  reference  to  any  new  rate,  joint  rate,  fare, 


telephone  rental,  toll,  classification,  charge,  rule,  regulation  or  form  of 
contract  or  agreement  proposed,  as  would  be  proper  in  a  proceeding 
initiated  after  the  same  has  taken  effect.  At  any  such  hearing  involving 
any  proposed  increase  in  any  rate,  joint  rate,  fare,  telephone  rental,  toll 
or  charge,  the  burden  of  proof  to  show  that  such  increase  is  necessary 
in  order  to  obtain  a  reasonable  compensation  for  the  service  rendered 
shall  be  upon  the  common  carrier.  If  at  a  hearing  involving  any  proposed 
decrease  in  any  rate,  joint  rate,  fare,  telephone  rental,  toll  or  charge 
demanded  by  any  common  carrier,  it  shall  appear  to  the  commission  that 
the  said  rate,  joint  rate,  fare,  telephone  rental,  toll  or  charge  is  insufficient 
to  yield  reasonable  compensation  for  the  service  rendered,  the  commission 
shall  have  power  to  determine  what  will  be  the  just  and  reasonable  rate 
or  rates,  fare  or  fares,  telephone  rental  or  rentals,  toll  or  tolls,  charge  or 
charges,  to  be  thereafter  observed  in  such  case  as  the  minimum  to  be 
charged,  and  to  make  an  order  that  the  common  carrier  complained  of 
shall  not  thereafter  demand,  charge  or  collect  any  rate,  fare,  telephone 
rental,  toll,  or  charge  lower  than  the  minimum  so  prescribed  without  first 
obtaining  the  consent  of  the  commission,  not  to  be  given  without  a  public 
hearing. 

Hearings  upon  SECTION  22.  Whenever  the  commission  shall  be  of  opinion,  after  a 
rates,  fares,  hearing  had  upon  its  own  motion  or  upon  complaint,  that  the  rates,  fares 
or  charges  or  any  of  them  demanded,  exacted,  charged  or  collected  by 
any  common  carrier  now  or  hereafter  subject  to  its  jurisdiction,  for  any 
services  to  be  performed  within  the  commonwealth,  or  the  regulations 
or  practices  of  such  common  carrier  affecting  such  rates,  are  unjust, 
unreasonable,  unjustly  discriminatory  or  unduly  preferential  or  in  any 
wise  in  violation  of  any  provision  of  law,  or  that  the  rates,  fares  or  charges 
or  any  of  them  chargeable  by  any  such  common  carrier  are  insufficient 
to  yield  reasonable  compensation  for  the  service  rendered  and  are  unjust 
and  unreasonable,  the  commission  shall  determine  the  just  and  reasonable 
rates,  fares  and  charges  to  be  charged  for  the  service  to  be  performed, 
Orders  of  com-  and  shall  fix  the  same  by  order  to  be  served  upon  every  common  carrier 
obeyed,  e°c.  e  by  whom  such  rates,  fares  and  charges  or  any  of  them  are  thereafter  to 
be  observed.  It  shall  be  the  duty  of  every  such  common  carrier  to  observe 
and  obey  every  requirement  of  every  such  order  so  served  upon  it,  and 
to  do  everything  necessary  or  proper  in  order  to  secure  absolute  compli- 
ance with  and  observance  of  every  such  order  by  all  its  officers,  agents 
and  employees.  The  commission  may,  after  investigation,  authorize  a 
common  carrier  in  special  cases  to  charge  less  for  longer  than  for  shorter 
distances  for  the  transportation  of  passengers  or  property,  whenever  in 
the  opinion  of  the  commission  such  authorization  is  consistent  with  the 
public  interests,  and  the  commission  may  from  time  to  time  modify  or 
revoke  such  authorization. 

Extra  fares  SECTION  182.     A  railroad    corporation  shall  not  demand  or 

regulated.  . 

1883,32.          receive  for  anv  single  ticket  bought  or  fare  paid  on  a  train  or 

1  000    1  54 

R.  L'.  111',  elsewhere  than  at  its  ticket  offices  more  than  ten  cents  in  excess 
of  the  tariff  rates  charged  at  its  ticket  offices.  When  such  ex- 
cess is  received,  the  conductor  or  other  person  receiving  it  shall 
give  to  the  passenger  a  printed  certificate  which  shall  entitle 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  119 

him  to  receive  the  excess  so  paid  at  any  station  of  the  corpora- 
tion in  exchange  for  such  certificate.  A  railroad  corporation 
which  violates  any  provision  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

[SECTION  183.     Every  railroad  corporation  which  has  a  ter-  ^™utation 
minus  in  Boston,  except  the  Boston,  Revere  Beach  and  Lynn  isoo,  395. 
Railroad  Company,  shall  sell  a  commutation  ticket  good  for  not  §  227. 
more  than  twenty-five  trips  between  Boston  and  a  station  in  the  f 90^049,  §  3. 
suburban   district,   so-called,   which  is  named  therein,   at  the 
lowest  rate  for  each  trip  which  was  charged  between  said  points 
on  the  first  day  of  July  in  the  year  nineteen  hundred,  except 
the  rates  charged  for  season  tickets  and  for  tickets  on  working- 
men's  trains.] 

Acts  of  1908,  Chapter  649. 

An  Act  relative  to  the  Issuing  of  Mileage  and  Commutation  Tickets  by 
Railroad  Corporations. 

SECTION  1.    Every  railroad  corporation  issuing  mileage  tickets  shall.  Mileage 

i-  e          u  j  *      u    j-u        e  tickets.de- 

upon  presentation  of  such  a  ticket  by  a  passenger,  detach  therefrom  tachmentof 
one  coupon  and  no  more  for  each  mile  and  fraction  thereof  actually  couP°ns- 
travelled:    provided,  however,  that  for  distances  less   than  three  miles  Proviso, 
three  coupons  may  so  be  detached.     Distances  to  or  from  the  station 
known  as  Back  Bay  on  the  New  York,  New  Haven  and  Hartford  rail- 
road, and  the  stations  known  as  Trinity  Place  and  Huntington  Avenue 
on  the  Boston  and  Albany  railroad,  shall  be  computed  as  if  to  or  from 
the  Boston  terminal  station. 

SECTION  2.  Every  railroad  corporation  which  has  a  terminus  in  Commutation 
Boston,  except  the  Boston,  Revere  Beach  and  Lynn  Railroad  Company,  *" 
shall  sell  a  commutation  ticket  good  for  not  more  than  twelve  rides  be- 
tween Boston  and  each  station  on  its  lines  within  fifteen  miles  of  its 
terminal  station  in  Boston,  at  a  price  not  exceeding  the  average  rate 
for  each  trip  which  was  charged  between  said  points  for  the  twenty-five- 
ride  commutation  tickets  in  use  on  the  first  day  of  January  in  the  year 
nineteen  hundred  and  eight,  excepting  that  the  minimum  fare  shall  be 
five  cents.  The  said  tickets,  before  issuance,  shall  be  subject  to  ap- 
proval by  the  board  of  railroad  commissioners  both  as  to  the  rate  of 
fare  and  the  conditions  named  therein.  So  far  as  is  practicable,  the 
rates  of  fare  on  all  roads  for  like  distances  from  their  terminal  stations 
shall  be  equal.  In  any  city  or  town  where  the  said  twelve-ride  ticket 
shall  exceed  in  price  the  price  now  charged  per  trip  for  the  twenty-five- 
ride  ticket,  then  thereafter  in  the  said  city  or  town  the  said  railroad 
companies  shall  continue  to  have  for  sale  a  twenty-five-ride  ticket  at 
the  existing  price. 

SECTION  3.     Section  one  hundred   and  eighty-three   of  Part   II,   of  p^06'^63.' 183 
chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  repealed. 
hundred  and  six  is  hereby  repealed.     [Approved  June  13,  1908. 

Acts  of  1911,  Chapter  508. 
An  Act  relative  to  Season  Tickets  issued  by  Railroad  Corporations. 

SECTION  1.    All  railroads  operating  in  the  commonwealth  of  Massachu-  Season  tickets 
setts  and  issuing  season  tickets  between  points  within  the  commonwealth  J^Jf  corpora-~ 
shall,  at  the  request  and  on  the  presentation  of  a  season  ticket  by  the  ^^j^  be 
holder  thereof,  place  the  same  on  deposit  for  not  less  than  one  week  and 
reissue  the  ticket  at  the  request  of  the  owner,  extending  the  period  for 


120  PART   II.  —  OF   RAILROAD  CORPORATIONS. 

which  the  ticket  was  issued  by  a  number  of  days  equal  to  the  number 
Proviso.  during  which  it  remained  on  deposit:    provided,  however,  that  no  ticket 

shall  be  deposited  more  frequently  than  at  the  rate  of  once  in  three 
months;  and  a  holder  shall  have  such  further  privileges  as  the  railroad 
commissioners  shall  approve. 

SECTION  2.  All  railroads  operating  in  the  commonwealth  of  Massa- 
chusetts and  issuing  season  tickets  between  points  within  the  common- 
wealth shall,  at  the  request  of  a  holder  of  a  season  ticket,  reimburse  said 
holder  for  the  cost  of  the  fare  or  fares  paid  by  said  holder  between  the 
stations  named  on  the  ticket  whenever  said  holder  fails  to  present  the 
season  ticket  for  fare.  The  holder  of  a  season  ticket  in  order  to  be  entitled 
to  reimbursement  must,  within  one  week,  present  to  the  proper  officer 
of  the  railroad  company  the  certificate  given  at  the  time  of  paying  the 
fare  together  with  the  coupon  from  the  season  ticket. 
Time  of  SECTION  3.  This  act  shall  take  effect  upon  its  passage  but  shall  not 

taking  effect. 

apply  to  any  tickets  heretofore  issued. 

(The  foregoing  was  laid  before  the  Governor  on  the  twenty-fourth  day  of 
May,  1911,  and  after  five  days  it  had  "the  force  of  a  law",  as  prescribed  by 
the  Constitution,  as  it  was  not  returned  by  him  with  his  objections  thereto 
within  that  time.) 

Acts  of  1913,  Chapter  179. 
An  Act  relative  to  Bonds  given  by  Certain  Banks,  Associations  and  Persons. 

amifncfed8'  *  *'  Section  one  of  chapter  four  hundred  and  eight  of  the  acts  of  the  year 
nineteen  hundred  and  six,  as  amended  by  section  one  of  chapter  three 
hundred  and  seventy-seven  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  is  hereby  further  amended  by  inserting  after  the  word  ''country", 
in  the  nineteenth  line,  the  words:  —  and  in  the  event  of  the  insolvency  or 
bankruptcy  of  the  principal  upon  the  payment  of  the  full  amount  of  such 
bond  to  the  assignee,  receiver  or  trustee  of  the  principal,  as  the  case  may 
require,  for  the  benefit  of  such  persons  as  shall  deliver  money  to  said 
principal  for  safe  keeping  or  for  the  purpose  of  transmitting  the  same  to 
a  foreign  country,  —  so  as  to  read  as  follows :  —  Section  1 .  All  persons, 
partnerships,  associations  or  corporations  now  or  hereafter  engaged  in 
the  selling  of  steamship  or  railroad  tickets  for  transportation  to  or  from 
foreign  countries,  or  in  the  supplying  of  laborers,  that,  in  conjunction 
with  said  business,  carry  on  the  business  of  receiving  deposits  of  money 
for  safe  keeping,  or  for  the  purpose  of  transmitting  the  same,  or  equivalents 
thereof,  to  foreign  countries,  or  for  any  other  purpose,  shall,  before  entering 
into  or  continuing  in  the  said  business,  except  as  hereinafter  provided, 
make,  execute  and  deliver  a  bond  to  the  treasurer  and  receiver  general 
in  such  sum  as  the  bank  commissioner  may  deem  necessary  to  cover 
money  or  deposits  received  for  the  aforesaid  purposes  by  such  persons, 
partnerships,  associations  or  corporations,  the  bond  to  be  conditioned 
upon  the  faithful  holding  and  repayment  of  the  money  deposited  as  afore- 
said, and  upon  the  faithful  holding  and  transmission  of  any  money,  or 
equivalent  thereof,  which  shall  be  delivered  to  them  for  transmission  to 
a  foreign  country,  and  in  the  event  of  the  insolvency  or  bankruptcy  of  the 
principal  upon  the  payment  of  the  full  amount  of  such  bond  to  the  assignee, 
receiver  or  trustee  of  the  principal,  as  the  case  may  require,  for  the  benefit 
of  such  persons  as  shall  deliver  money  to  said  principal  for  safe  keeping  or 
for  the  purpose  of  transmitting  the  same  to  a  foreign  country.  If  any 
person,  partnership  or  member  of  a  partnership,  or  any  association  or 
corporation  engaged  or  financially  interested  in  the  selling  of  tickets  or 
„  supplying  of  laborers  as  aforesaid  is  also  engaged  or  financially  interested 

in  the  business  of  receiving  deposits  of  money  as  aforesaid,  or  if  any  person, 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  121 

partnership  or  member  of  a  partnership,  or  any  association  or  corporation 
engaged  or  financially  interested  in  the  business  of  receiving  deposits  of 
money  as  aforesaid  is  also  engaged  or  financially  interested  in  the  selling 
of  tickets  or  supplying  of  laborers  as  aforesaid,  such  person,  partnership, 
member  of  a  partnership,  association  or  corporation,  shall  be  held  to  be 
subject  to  the  provisions  of  this  section,  under  whatever  name  or  by  what- 
ever persons  the  said  business  of  selling  tickets  or  supplying  laborers  or 
the  said  business  of  receiving  deposits  is  carried  on.  [Approved  February 
26,  1913* 

Revised  Laws,  Chapter  209,  §  2. 

SECTION  2.    Whoever  forges  or  procures  to  be  forged,  or  assists  in  Forgery  of 
forging,  the  seal  of  the  court  of  land  registration,  or,  without  lawful  i898,P562.sea1' 
authority,  stamps  or  procures  to  be  stamped,  or  assists  in  stamping,  lAV^o-, 
any  document  with  such  forged  seal  or  with  the  genuine  seal  of  said  court,  iss  Mass.  91. 
shall  be  punished  as  provided  in  the  preceding  section.    Whoever  forges 
or  procures  to  be  forged,  or  assists  in  forging,  the  stamp  of  any  railroad 
company  or  of  any  railroad  ticket  agent,  or  stamps  or  procures  to  be 
stamped,  or  assists  in  stamping,  any  railroad  ticket  or  railroad  mileage 
book  with  such  forged  stamp,  or  with  a  genuine  stamp  of  any  railroad 
company  or  railroad  ticket  agent  without  being  duly  authorized  thereto 
shall  be  punished  by  imprisonment  in  the  state  prison  for  not  more  than 
three  years  or  in  jail  for  not  more  than  two  years,  or  by  a  fine  of  not  more 
than  five  hundred  dollars. 

Transportation  of  Passengers. 
SECTION  184.     A  railroad  corporation   may   make  contracts  Conveyance  of 

»,,  »  J       •  J    j.       •          *  passengers  at 

for  the  conveyance  or  passengers  upon  designated  trams  tor  a  reduced  rates. 
specific  distance  at  fixed  times,  at  such  reduced  rates  of  fare  iivliari; 
as  the  parties  may  agree  upon.     Tickets  may  be  issued  for  such  p.1!5 112, 
passengers,  upon  which  shall  be  plainly  printed  the  terms  upon  f^'in. 
which  they  may  be  used.     Such  tickets  shall  not  be  transferable  IJff^  608 
without  the  consent  of  the  corporation,  nor  shall  they  entitle 
the  holder  to  ride  upon  a  train  which  is  not  therein  designated. 

SECTION  185.     A  railroad  corporation  which  owns  or  oper-  Bicycles  aa 
ates  a  railroad  of  standard  gauge  in  this  commonwealth  shall  isoo,  sis. 
check  and  transport  between  stations  within  the  limits  of  this  §229. 
commonwealth,  as  baggage,  and  subject  to  the  same  charges, 
terms  and  liabilities  as  other  baggage,  one  bicycle  for  each  pas- 
senger who  pays  by  a  mileage  book,  by  a  ticket  other  than  a 
season  ticket,  or  in  cash,  the  established  fare,  if  it  is  not  -less 
than  ten  cents,  exclusive  of  rebate.     The  weight  of  the  bicycle 
shall  be  included  in  determining  the  total  weight  of  the  baggage 
to  be  transported  for  such  passenger.     Such  corporation  shall 
not  require  such  bicycle  to  be  crated,  covered  or  otherwise  pro- 
tected. 

SECTION  186.     Every    railroad    corporation    shall,    upon    re-  Baggage 
quest,  give  checks  to  passengers  for  their  baggage  when  de-  1854,23. 
livered  for  transportation,  and  shall  re-deliver  the  baggage  to  ?874,6372§, m' 
the  passengers  upon  the  surrender  of  such  checks.     A  corpora-  p1l6ii2i§182 
tion  which  violates  the  provisions  of  this  section  shall  forfeit  R-L-n  i'§  230. 

_,  15  Gray,  447. 

ten  dollars  tor  each  onence.  7  Alien,  329. 

*  For  further  provisions  with  reference  to  this  subject,  see  1907,  377,  §§  2-7. 


122 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Injury,  etc.,  to 
baggage  by 
hackman,  etc. 
1869,  307. 
P.  S.  203, 
§  112. 


Revised  Laws,  Chapter  208,  §  126. 

SECTION  126.  A  baggage  master,  express  agent,  stage  driver,  hack- 
man or  other  person,  whose  duty  it  is  to  handle,  remove  or  take  care  of 
the  baggage  of  passengers,  who  wilfully  or  recklessly  destroys  or  injures 
a  trunk,  valise,  box,  package  or  parcel,  while  loading,  transporting, 
unloading,  delivering  or  storing  the  same,  shall  be  punished  by  a  fine  of 
not  more  than  fifty  dollars. 


Storage  of 
baggage, 
charges. 
Amended, 
1908,  604. 


1907,  287,  §  1, 
amended. 


Charge  for 
storage  of 
baggage. 


Publication  of 
unclaimed 
effects  of 
passengers. 
1851,  147,  §  1. 
G.  S.  80,  §  1. 
P.  S.  96,  §  1. 
6  Allen,  253. 


Sale  of 
unclaimed 
articles. 
1851,  147,  §  2. 
G.  S.  80,  §  2. 
P.  S.  96,  §  2. 


Proceeds  to  be 
paid  to  com- 
monwealth. 
1851,  147,  §  3. 
G.  S.  80,  §  3. 
P.  S.  96,  §  3. 


Acts  of  1907,  Chapter  287. 
An  Act  relative  to  Charges  for  Storage  of  Baggage  by  Railroad  Corporations. 

SECTION  1.  No  charge  shall  be  made  by  railroad  corporations  for  the 
care  or  storage  of  baggage  left  at  or  arriving  in  railroad  stations  upon 
Friday,  for  the  period  of  time  between  Friday  and  twelve  o'clock  noon  of 
the  following  Monday. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  11,  1907. 

Acts  of  1908,  Chapter  504. 

An  Act  relative  to  the  Charges  for  Storage  of  Baggage  by  Railroad  Cor- 
porations. 

SECTION  1.  Section  one  of  chapter  two  hundred  and  eighty-seven  of 
the  acts  of  the  year  nineteen  hundred  and  seven  is  hereby  amended  by 
striking  out  the  words  "the  forenoon",  in  the  fourth  line,  and  inserting 
in  place  thereof  the  words :  —  twelve  o  'clock  noon,  —  so  as  to  read  as 
follows :  —  Section  1 .  No  charge  shall  be  made  by  railroad  corpora- 
tions for  the  care  or  storage  of  baggage  left  at  or  arriving  in  railroad 
stations  upon  Friday,  for  the  period  of  time  between  Friday  and  twelve 
o'clock  noon  of  the  following  Monday. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  7, 1908. 

Revised  Laws,  Chapter  95,  §§  1-4. 

SECTION  1.  Railroad  corporations  and  the  proprietors  of  steamboats 
engaged  in  the  transportation  of  passengers  shall  semi-annually,  on  the 
first  Monday  of  January  and  July,  publish,  in  one  newspaper  at  least 
in  every  county  of  this  commonwealth  in  which  such  corporations  or 
proprietors  have  a  passenger  station  or  office,  a  descriptive  list  of  all 
trunks,  bags,  valises,  parcels  and  passengers'  effects  which  have  been 
left  and  then  remain  unclaimed  at  any  passenger  station  or  office,  or  in 
the  possession  of  such  corporations  or  proprietors  or  their  agents,  and 
the  list  shall  indicate  all  such  specific  marks  as  may  serve  to  identify 
the  same. 

SECTION  2.  If  at  the  expiration  of  six  months  after  such  advertise- 
ment any  of  the  articles  so  advertised  remain  unclaimed,  said  corpora- 
tions or  proprietors  having  possession  thereof  shall  give  notice  to  the 
mayor  and  aldermen  of  the  city  or  selectmen  of  the  town  in  which  the 
articles  may  be,  who  shall  cause  them  to  be  examined,  and  may  order 
them  to  be  sold  by  public  auction  upon  publication  of  notice  of  the  time 
and  place  of  sale  as  aforesaid,  or  may  order  them  to  be  again  advertised 
and  to  remain  another  six  months  before  being  sold. 

SECTION  3.  The  proceeds  of  all  articles  thus  sold,  after  deducting 
costs  of  storage,  advertising  and  other  expenses  due  to  such  corporations 
or  proprietors,  and  the  costs  of  said  examination  and  sale,  shall  be  paid 
over  to  the  treasurer  and  receiver  general  for  the  use  of  the  commonwealth. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  123 

SECTION  4.     If  such  corporations  or  proprietors  neglect  or  omit  so  to  Penalty  for 
advertise  and  cause  any  such  effects  to  be  examined,  they  shall  be  liable  veftfse,  e°ca  " 
for  all  damages  caused  thereby,  and  shall  also  forfeit  one  hundred  dollars  G*5s'8o7'§§44' 
for  each  case  of  neglect  or  omission.  P.  s.'  96,'  §  4.' 

SECTION  187.     Every  railroad  corporation  which  has  a  ter-  cheap  mom- 
minus  in  Boston  shall,  upon  the  application  of  two  hundred  or  nmg  trains. 
more  persons  therefor,  furnish  on  each  week  day  a  morning  p.  s.' 112,' 
train  in  and  an  evening  train  out  for  distances  not  exceeding  f^if'in, 
fifteen   miles,   or  suitable  cars  attached  to  other  trains,   and  §23L 
reaching  and  leaving  Boston  at  about  six  o'clock  in  the  fore- 
noon and  afternoon,  or  at  such  hours  as  may  be  fixed  by  the 
board  of  railroad  commissioners;  and  for  such  trains,  shall  fur- 
nish season  tickets  good  once  a  day  each  way  for  six  days  in 
the  week,  at  a  rate  not  exceeding,  for  yearly  tickets,  three  dol- 
lars a  mile  and  for  quarterly  tickets,  one  dollar  a  mile. 

SECTION  188.     Every  railroad  corporation  which  has  a  ter-  working- 
minus  in  Boston  shall  furnish  such  number  of  workingmen's  igoofzos!113 
trains,  not  less  than  two  each  way,  as  the  board  of  railroad  fjjsS.111' 
commissioners,   upon  a  petition  for  such  trains  filed  with  it, 
shall  in  each  case  order.     Such  trains  shall  arrive  at  Boston  be- 
tween six  and  half  past  seven  o'clock  in  the  morning  and  leave 
Boston  between  the  same  hours  in  the  evening  and  special  cars 
may  be  provided  therefor.     Season  tickets,  good  once  a  day  each 
way  for  six  days  in  the  week,  shall  be  furnished  for  such  trains 
at  a  rate  not  exceeding,  for  yearly  tickets,  three  dollars  a  mile, 
and  for  quarterly  tickets,  one  dollar  a  mile.     Trip  tickets  now 
issued  shall  be  good  on  the  two  trains  authorized  by  this  section, 
and  shall  not  be  withdrawn  nor  the  rate  therefor  be  increased 
without  the  consent  of  the  board  of  railroad  commissioners. 

SECTION  189.     Every   railroad   corporation   shall   sell   to   an  Season  tickets 
express  messenger  or  to  a  person  who  conducts  a  local  express  mes^ngtrl 
business,  as  provided  in  section  one  hundred  and  ninety-seven,  §§92,'5.69' 
in  its  trains  or  cars  within  this  commonwealth,  a  season  ticket  j^ss.111' 
for  his  personal  transportation,  at  a  price  not  exceeding  that  at  |e| R- L- 70- 
which  similar  tickets  are  sold  to  passengers,  upon  receiving  from  201  Mass.  579. 
him  a  release  of  all  right,  to  whomsoever  accruing,  to  damages 
or  compensation  for  death  or  for  any  personal  injury  received 
by   him   while   riding   on   such  ticket.     The   supreme   judicial 
court  or  the  superior  court  shall  have  jurisdiction  to  enforce  the 
provisions   of  this  section  by  injunction,  mandamus  or  other 
suitable  process. 

SECTION  190.     Any  person  who,  being  governor,  lieutenant  Free  passes  to 

'  IIP  stat?  officers 

governor,   member  ot  the  council,  member  or  member-elect  ol  forbidden. 
the  general  court,  justice  of  the  supreme  judicial  court,  justice  §§  1-3. 
of  the  superior  court,  judge  of  probate,  justice  of  a  police,  dis-  §  1234. 
trict  or  municipal  court  or  a  county  commissioner,  who  requests, 
for  himself  or  another,  accepts  or  uses  any  free  pass  upon  a 
railroad,   or  any  ticket  which  entitles  him  to  transportation 
upon  a  railroad,  for  which  he  has  paid  a  less  price  than  is  de- 
manded of  the  public  generally,  and  an  officer,  agent  or  em- 


124 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


ployee  of  a  railroad  corporation  who  issues,  delivers  or  offers  to 
any  person  hereinbefore  mentioned  or  to  or  for  any  other  person 
at  the  request,  solicitation  or  procurement  of  any  such  person  a 
free  pass  or  any  ticket  which  entitles  him  to  transportation  at  a 
less  rate  of  fare  than  is  demanded  of  the  public  generally,  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars. 


Free  service, 
etc.,  prohibited. 
Exceptions. 
See  Interstate 
Commerce  law 
as  amended 
June  18,  1910, 


Issue  of  passes 
to  injured 
employees  of 
railroad  cor- 
porations, etc. 


Women,  etc., 
in  smoking 
cars. 

1888,  176. 
R.  L.  Ill, 
§235. 


Acts  of  1913,  Chapter  784,  §  18. 

SECTION  18.  No  common  carrier  shall,  directly  or  indirectly,  issue  or 
give  any  free  service,  free  tickets,  free  pass  or  free  transportation  for 
passengers  or  property  between  points  within  this  commonwealth;  but 
nothing  in  this  act  shall  be  held  to  prohibit  any  railroad  corporation 
from  furnishing  free  passes  or  free  transportation  to  officers  or  employees 
of  the  general  court;  nor  to  prohibit  any  railroad  corporation  or  street 
railway  company  from  giving  free  or  reduced  rate  service  to  policemen, 
letter  carriers  and  firemen  while  in  uniform  or  engaged  in  the  discharge 
of  their  duties;  nor  to  prohibit  any  common  carrier  from  giving  free  or 
reduced  rate  service  to  its  employees,  or  in  cases  of  public  emergency, 
or  for  such  charitable  purposes  as  may  be  approved  by  the  commission ; 
nor  to  prohibit  any  telephone  or  telegraph  company,  unless  the  com- 
mission shall  otherwise  order,  from  giving  service  at  reduced  rates  to  the 
commonwealth  or  to  any  city  or  town;  nor  shall  this  act  be  held  to  prohibit 
the  commissioners,  their  experts,  inspectors  and  counsel  from  being 
transported  over  the  railroads  and  the  railways  of  this  commonwealth 
free  of  charge  while  engaged  in  the  performance  of  their  duties;  nor 
shall  this  act  be  held  to  prohibit  the  giving  by  any  such  common  carrier 
of  free  or  reduced  rate  service  to  the  classes  defined  and  provided  for  in 
the  act  of  congress  entitled  "An  act  to  regulate  commerce"  and  acts 
amendatory  thereof. 

Acts  of  1912,  Chapter  488. 

An  Act  to  authorize  Railroad  Corporations  to  issue  Passes  to  Former 
Employees  who  have  been  injured. 

SECTION  1.  Railroad  corporations  are  hereby  authorized  to  issue 
passes  for  free  transportation  to  former  employees  who  have  been  injured 
in  the  service  of  the  corporation  issuing  the  pass.  The  pass  shall  state 
the  nature  of  the  injury,  shall  not  be  transferable,  and  shall  be  forfeited 
if  used,  or  attempted  to  be  used,  in  violation  of  the  conditions  of  the  pass, 
or  if  it  was  obtained  by  misrepresentation. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  13,  1912. 

SECTION  191.  A  railroad  corporation  which  does  business  in 
this  commonwealth  shall  not  require  women  or  children  to  ride 
in  smoking  cars.  For  a  violation  of  the  provisions  of  this  sec- 
tion the  corporation,  or  any  officer  or  employee  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars  for  each  offence. 


Color  or  race 
discrimina- 
tion. 

1865,  277. 

1866,  252. 


Revised  Laws,  Chapter  212,  §  89. 

SECTION  89.  Whoever  makes  any  distinction,  discrimination  or  re- 
striction on  account  of  color  or  race  or,  except  for  good  cause,  applicable 
alike  to  all  persons  of  every  color  and  race,  relative  to  the  admission  of 


PART  II.  —  OF  RAILROAD  CORPORATIONS.  125 

any  person  to,  or  his  treatment  in,  a  theatre,  skating  rink  or  other  public  P.  s.  207,  §  69. 
place  of  amusement,  licensed  or  unlicensed,  or  in  a  public  conveyance  Jig^lse! 
or  public  meeting,  or  in  an  inn,  barber  shop  or  other  public  place  kept  {f9^^1^ 
for  hire,  gain  or  reward,  licensed  or  unlicensed,  or  whoever  aids  or  incites  See  1908, 335. 
such  distinction,  discrimination  or  restriction,  shall,  for  each  offence,  be 
punished  by  a  fine  of  not  more  than  three  hundred  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment, 
and  shall  forfeit  to  any  person  aggrieved  thereby  not  less  than  twenty- 
five  nor  more  than  three  hundred  dollars;  but  such  person  so  aggrieved 
shall  not  recover  against  more  than  one  person  by  reason  of  any  one  act 
of  distinction,  discrimination  or  restriction. 

t 
Transportation  of  Mails. 

SECTION  192.     Every  railroad  corporation  shall,  upon  request  Transpona- 

,  _, ,  rf     !  p  ,,         .        ,  r  „    , ,     n          ,    tion  of  United 

of  the  postmaster  general  or  or  an  authorized  agent  ot  the  post  states  mails, 
office  department,  carry  the  mails  at  such  times  and  upon  such  Tse^^i;  §  i. 
trains  as  may  be  desired  by  him  upon  the  terms  provided  in  the  fili.112' 
two  following  sections.  ^2^  m> 

SECTION  193.     A  corporation  which  is  unable  to  agree  with  Compensation 
the  postmaster  general  or  other  proper  officer  of  the  United  maiisVhowg 
States  as  to  the  compensation  to  be  paid  for  such  transportation  ileT^sT,^  2. 
may  notify  the  postmaster  general  of  its  unwillingness  to  carry         112' 
the  mails  upon  the  terms  proposed;  and  after  the  expiration 
of  three  months  from  the  depositing  of  such  notice  in  a  post 
office  in  this  commonwealth,  addressed  to  the  postmaster  gen- 
eral, such  corporation  shall  be  absolved  from  the  duty  imposed 
in  the  preceding  section,  unless  he  or  some  officer  or  agent  of  the 
post  office  department  within  that  time  has  filed  a  petition  in 
the  supreme  judicial  court  in  any  county,  praying  for  the  ap- 
pointment of  three  commissioners  to  fix  the  price  to  be  paid  to 
the  corporation  for  such  service;  and  the  court,  after  notice  to 
the  corporation,  shall  appoint  three  commissioners  to  hear  the 
parties  and  determine  such  compensation,  the  award  of  a  major 
part  of  whom,  being  made  to  and  confirmed  by  said  court,  shall 
be  final  as  to  all  past  service  and  for  the  period  of  two  years 
after  such  confirmation. 

SECTION  194.     Upon  application  to  said  court  by  either  party  Revision  of 
to  such  proceedings  at  any  time  after  the  expiration  of  two  iseT.'ssi,  §3. 
years  from  the  confirmation  of  such  award,  the  matter  may  be 
reopened,  and  the  same  or  other  commissioners  shall  rehear  the 
parties,  and  the  award  of  said  commissioners  or  of  a  major  part 
of  them,  when  made  to  and  confirmed  by  said  court,  shall  be 
binding  on  the  parties  for  two  years  after  such  confirmation, 
when  like  proceedings  may  again  be  had  on  petition  of  either 
party. 

Transportation  of  Merchandise. 

SECTION  195.     A   railroad   corporation    shall,    upon   request,  Receipts  to 
without  additional   charge,   give  a  receipt  describing  articles,  meKndise. 
packages  or  commodities  not  extra  hazardous  delivered  to  it  for  if  7! ;  37!; 
transportation.     A  corporation  which  refuses  to  give  such  receipt  l/ffnz,  §  187. 
shall  forfeit  fifty  dollars  to  the  person  who  is  entitled  thereto.  R-L-m.§239. 


126 


PART  II.  —  OF  RAILROAD   CORPORATIONS. 


Equal  facili- 
ties for  trans- 
portation. 
1867,  339. 
1874,  372, 
§  138. 
P.  S.  112, 
§188. 
R.  L.  Ill, 
§240. 

115  Mass.  416. 
128  Mass.  326. 
147  Mass.  35. 
266. 
165  Mass.  398. 

—  to  local 

expressmen. 

1894,  469, 

§§  1,5,6. 

R.  L.  Ill, 

§241. 

165  Mass.  398. 

See  R.  L.  70, 

§8. 

201  Mass.  579. 


Charges  for 
transportation 
of  freight,  etc. 


SECTION  196.  Every  railroad  corporation  shall,  subject  to 
the  provisions  of  section  two  hundred  and  one,  give  to  all  per- 
sons reasonable  and  equal  terms,  facilities  and  accommodations 
for  the  transportation  upon  its  railroad  of  themselves,  their 
agents  and  servants,  and  of  their  merchandise  and  other  prop- 
erty and  for  the  use  of  its  depot  and  other  buildings  and 
grounds;  and,  at  any  point  where  its  railroad  connects  with 
another  railroad,  it  shall  give  reasonable  and  equal  terms  and 
facilities  of  interchange. 

SECTION  197.  The  provisions  of  the  preceding  section  shall 
apply  to  all  persons  engaged  only  in  a. local  express  business  for 
the  forwarding  of  express  matter  between  points  within  the 
commonwealth  in  the  trains  or  cars  of  any  railroad  corpora- 
tion, and  to  persons  desiring  to  engage  therein  who  obtain  the 
recommendation  of  the  board  of  railroad  commissioners  there- 
for, and  who  agree  in  writing  to  indemnify  the  corporation 
against  all  loss  and  damage  to  any  property  which  is  carried 
by  them  on  its  trains.  Such  recommendation  shall  be  given 
only  after  notice  to  all  parties  interested  and  a  hearing  thereon, 
and  with  regard,  among  other  considerations,  to  the  public  in- 
terest. Such  corporation  may  contract  with  one  or  more  per- 
sons for  the  express  service  over  its  railroad  or  system,  subject 
to  the  rights  of  such  persons  as  may  then  be  engaged  in,  or  shall 
have  obtained  the  recommendation  aforesaid  to  conduct,  such 
local  express  business  thereon  between  points  within  this  com- 
monwealth under  the  provisions  of  this  section;  and  the  terms, 
facilities  and  accommodations  provided  for  such  last  named 
persons  shall  not  be  unreasonable  or  unequal,  having  regard  to 
the  amount  and  character  of  the  service  and  also  to  such  reason- 
able regulation  of  said  business  as  may  be  for  the  public  inter- 
est and  the  efficient  operation  of  the  railroad.  The  provisions 
of  this  section  shall  not  deprive  any  railroad  corporation  of  any 
right  which  it  has  under  its  charter  or  under  general  laws,  to 
perform  all  the  transportation  of  property  upon  its  railroad. 
The  supreme  judicial  court  or  the  superior  court  shall  have 
jurisdiction  to  enforce  the  provisions  of  this  section  by  injunc- 
tion, mandamus  or  other  suitable  process. 

Acts  of  1912,  Chapter  725,  Part  II,  §  7. 

SECTION  7.  A  railroad  corporation  shall  not,  at  any  time,  charge, 
demand  or  receive,  or  be  entitled  to  charge,  demand  or  receive,  a  greater 
sum  for  transportation  by  it  of  freight  from  any  point  of  origin,  for  the 
same  distances  and  under  like  conditions,  on  any  lines  operated  by  it  or 
in  connection  with  it,  to  the  port  of  Boston  for  export  to  foreign  countries, 
than  is  at  the  time  received  by  it  for  transportation  of  the  like  class  and 
quantity  of  freight  to  any  other  port  reached  by  its  lines  for  export  to 
foreign  countries;  or  charge,  demand  or  receive,  or  be  entitled  to  charge, 
demand  or  receive,  a  greater  sum  for  transportation  for  the  same  distance 
and  under  like  conditions  from  the  port  of  Boston  of  freight  from  foreign 
countries  through  said  port  of  Boston  to  any  point  on  any  lines  operated 
by  it  or  in  connection  with  it  than  is  at  the  time  received  by  it  for  trans- 
portation of  the  like  class  and  quantity  of  freight  through  any  other  port 


PART  II.  —  OF  RAILROAD  CORPORATIONS.  127 

on  its  lines  to  the  same  point :  provided,  however,  that  if  the  aforesaid  pro- 
visions of  this  section  shall  conflict  with  any  regulations  made  by  act  of 
congress  this  section  shall  be  null  and  void  so  far  as  it  conflicts  therewith; 
and  provided,  further,  that  nothing  herein  contained  shall  justify  the  charg- 
ing of  the  same  rate  for  freight  for  export  or  import  through  any  other 
port  reached  by  its  lines  where  the  mileage  from  the  point  of  receipt  or 
delivery  is  less  to  the  port  of  Boston  than  to  the  port  in  question,  in  which 
case  the  rate  through  Boston  shall  be  proportionately  less. 

SECTION  198.     Every  railroad  corporation  shall  promptly  for-  Merchandise 
ward  merchandise  consigned  to  or  directed  to  be  sent  over  an-  warded*' 
other  railroad  connecting  with  its  railroad,   according  to  the  ?859!P209,  §  i. 
directions  contained  thereon  or  accompanying  the  same,  and  ^74' 372 5 114' 
shall  not  receive  and  forward  over  its  railroad  merchandise  con-  £^'112  §189 
signed  to  or  directed  to  be  sent  by  a  different  route.  R.L.  111',  §242! 

SECTION  199.     A  railroad  corporation  shall  not  charge  or  re-  Charges  for 
ceive  for  the  transportation  of  freight  to  any  station  on  its  rail-  o?f"e?ghtatl° 
road  a  greater  amount  than  is  at  the  time  charged  or  received  \H\\  |y|; 
for  the  transportation  of  the  like  class  and  quantity  of  freight  f^g0^ 
from  the  same  original  point  of  departure  to  a  station  at  a  f^j^m 
greater  distance  on  its  railroad  in  the  same  direction.     Two  or  §  243. 
more  railroad  corporations  whose  railroads  connect  shall  not 
charge  or  receive  for  the  transportation  of  freight  to  any  sta- 
tion on  the  railroad  of  either  of  them  a  greater  amount  than  is 
at  the  time  charged  or  received  for  the  transportation  of  the 
like  class  and  quantity  of  freight  from  the  same  original  point 
of  departure  to  a  station  at  a  greater  distance  on  the  railroad 
of  either  of  them  in  the  same  direction.     In  the  construction  of 
this  section,  the  amount  charged  or  received  for  the  transporta- 
tion of  freight  shall  include  all  terminal  charges;  and  the  rail- 
road of  a  corporation  shall  include  all  the  railroad  in  use  by  it, 
whether  owned  or  operated  under  a  contract  or  lease. 

SECTION  200.     A  railroad  corporation  which  violates  any  pro-  penalties  on 
vision  of  the  four  preceding  sections,  in  addition  to  liability  for  i859?r2o<£n§'  2. 
all  damages  sustained  by  reason  of  such  violation,  shall  for  each  ^yl^o5  114' 
offence  forfeit  two  hundred  dollars,  which  shall  be  recovered  in  i874'372' 

9  141. 

an  action  of  tort  to  his  own  use  by  the  party  aggrieved,  or  to  isso,  258. 
the  use  of  the  commonwealth  by  the  attorney-general  or  the  dis-  §'191. 
trict  attorney  of  the  district  in  which  such  violation  was  com-  §244. 
mitted;  but  no  such  action  shall  be  maintained  unless  brought  *' 
within  one  year  after  the  date  of  such  violation. 

SECTION  201.     A  railroad  corporation  shall  not  in  its  charges  piscrimina- 
for  the  transportation  of  freight  or  in  the  conduct  of  its  freight  rates'fo/-618 
business,  make  or  give  any  undue  or  unreasonable  preference  i8g2?  94, 225. 
or  advantage  to  or  in  favor  of  any  person,  firm  or  corporation, 
nor  subject  any  person,  firm  or  corporation  to  any  undue  or 
unreasonable  prejudice  or  disadvantage. 


Acts  of  1913,  Chapter  784,  §  10. 
SECTION  10.     The  commission  may  inquire  into  the  rates,  charges,  Rates,  etc., 

of  comnn 
carriers. 


regulations,  practices,   equipment  and  services  of  common  carriers  in  ° 


this  commonwealth,  and  elsewhere,  rendering  any  service  of  a  kind  sub- 


128 


PART    II.  —  OF    RAILROAD    CORPORATIONS. 


Commission 
may  petition 
interstate 
commerce 
commission. 


May  confer 
etc.,  with 
boards  of 
other  states. 


Public  ware- 
housemen, 
how  licensed. 
1860,  206, 
§§1,11. 

1879,  104. 

1880,  63. 
P.  S.  72, 
§§1,2,  13. 
1885,  167. 


Action  on 
bond  of. 
1860,  206,  §  2. 
1873,  210.  8  1. 
P.  S.  72,  §  3. 

Warehouse- 
man to  insure 
property,  when, 
1860,  206.  §  3. 
1879,  104. 
P.  S.  72,  §  4. 

Form  of  re- 
ceipt. 

1860,  206,  §  3. 
1878,  93, 
§§  2,  5. 
P.  S.  72,  §  5. 
1886,  258. 


Transfer 
of  title  of 
goods  stored. 
1860,  206.  §  4. 
1873,  210,  §  2. 
1878,  93,  §  1. 
P.  S.  72,  §  6. 
1886,  258. 
135  Mass.  1. 


Special  provi- 
sion for 
grain,  etc. 
1878,  93,  §  3. 
P.  S.  72,  §  7. 


ject  to  its  jurisdiction.  It  may  be  represented  at  any  public  hearings 
before  any  legislative  committee  or  public  board  in  this  commonwealth, 
or  of  any  other  state  or  of  the  United  States,  with  respect  to  any  proposed 
legislation  or  action  by  public  authorities  within  or  without  the  common- 
wealth affecting  any  public  service  within  the  commonwealth  subject  to 
its  supervision,  whenever  in  its  opinion  such  representation  is  desirable 
in  the  interests  of  this  commonwealth.  It  may  apply  by  petition  to  the 
interstate  commerce  commission  for  relief,  and  may  present  evidence 
and  arguments  to  the  said  commission,  in  any  case  in  which  it  is  of  opinion 
that  a  common  carrier  subject  to  its  supervision  is  violating  any  pro- 
vision of  the  interstate  commerce  law  or  any  valid  order  or  regulation 
made  under  authority  thereof.  The  commission  may  also  confer  with 
or  appear  before  boards  of  other  states  having  powers  over  any  of  the 
common  carriers  rendering  public  services  of  the  kind  hereinbefore  de- 
scribed, when  in  its  judgment  the  interests  of  the  commonwealth  will  be 
promoted  thereby. 

Revised  Laws,  Chapter  69,  §§  1-16. 
PUBLIC   WAREHOUSEMEN. 

SECTION  1.  The  governor,  with  the  advice  and  consent  of  the  council, 
may  license  in  any  city  or  town  suitable  persons,  or  corporations  estab- 
lished under  the  laws  of  the  commonwealth  and  having  their  places  of 
business  within  the  commonwealth,  to  be  public  warehousemen.  ...  A 
railroad  corporation  which  is  licensed  as  a  public  warehouseman  shall  not 
be  required  as  such  to  receive  any  property  except  such  as  has  been  or  is 
forthwith  to  be  transported  over  its  road  or  to  give  sureties  on  its  bond. 

See  1907,  582,  An  act  to  make  uniform  the  law  of  warehouse  receipts. 

SECTION  2.  Whoever  is  injured  by  the  failure  of  a  public  licensed 
warehouseman  to  perform  his  duty  or  by  his  violation  of  any  of  the  pro- 
visions of  this  chapter  may  bring  an  action  for  his  own  benefit,  in  the 
name  of  the  commonwealth,  on  the  bond  of  such  warehouseman.  .  .  . 

SECTION  3.  Such  warehouseman  shall,  upon  request  in  writing  by  a 
party  placing  property  with  him  on  storage,  cause  such  property  to  be 
insured  for  whom  it  may  concern.  A  railroad  corporation  which  is  such 
warehouseman  may  itself  be  the  insurer. 

SECTION  4.  Every  such  warehouseman  shall  give  to  each  person  who 
deposits  property  with  him  for  storage  a  receipt  therefor,  which  shall  be 
negotiable  in  form,  shall  describe  the  property,  shall  state  distinctly  the 
brands  or  distinguishing  marks  thereon,  the  rate  of  charges  for  storing 
it  and  the  amount  and  rate  of  insurance  thereon,  and,  if  it  is  grain,  the 
quantity  and  inspected  grade  thereof;  or,  upon  request,  he  shall  give  a 
similar  receipt,  non-negotiable  in  form,  which  shall  have  the  words  "not 
negotiable"  plainly  written,  printed  or  stamped  upon  the  face  thereof. 

SECTION  5.  The  title  to  property  which  is  stored  in  a  public  warehouse 
under  a  warehouseman's  negotiable  receipt  therefor  shall  pass  to  a  pur- 
chaser or  pledgee  by  the  indorsement  and  delivery  to  him  of  such  receipt 
signed  by  the  person  to  whom  the  receipt  was  originally  given  or  by  an 
indorsee  thereof;  and  if  so  stored  under  a  warehouseman's  non-negotiable 
receipt,  shall  pass  by  assignment  of  such  receipt  when  recorded  on  the 
books  of  the  warehouseman  issuing  it. 

SECTION  6.  If  grain  or  other  property  which  is  stored  in  a  public 
warehouse  is  so  mixed  or  intermingled  that  the  identity  of  different  lots 
or  parcels  cannot  be  accurately  preserved,  the  warehouseman's  receipt 
shall  give  a  valid  title  to  so  much  of  such  grain  or  property  as  is  designated 
therein,  without  actual  separation  or  identification. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  129 

SECTION  7.    Such  warehouseman  shall  keep   books  in  which  shall  ^an^keep 
be  entered   an   account   of  all  his  transactions  relative  to  the  storing  books, 
and  insuring  of  goods,  wares  and  merchandise,  to  the  issuing  of  receipts  1878*  93,  §5. ' 
therefor  and  to  the  disposition  of  proceeds  of  sales  thereof  under  the  p87| 'j®4-.  8 
provisions  of  this  chapter.     Such  books  shall  be  open  to  the  inspection  1887,  277,  §  3. 
of  any  person  actually  interested  in  the  property  to  which  the  entries       5>  48' 
relate. 

SECTION  8.    The  secretary  of  the  commonwealth  shall,  at  the  expense  Notice  of 
of  each  warehouseman,  give  notice  of  his  license  and  qualification,  of  to  ^  pub-0'' 
the  amount  of  the  bond  given  by  him  and  also  of  the  discontinuance  of  I'^S*1™- 
his  license  by  publishing  the  same  for  not  less  than  ten  days  in  one  or  p.  s.'  72,  §  9. 
more  newspapers,  if  any,  published  in  the  county  or  town  in  which  the 
warehouse  is  located;    otherwise,  in  one  or  more  newspapers  published 
in  the  city  of  Boston. 

SECTION  9.  If  a  public  warehouseman  has  in  his  possession,  in  storage,  Disposition  of 
upon  a  non-negotiable  receipt,  property  of  a  perishable  nature,  or  which,  ^"perty1.6 
by  keeping,  will  deteriorate  greatly  in  value,  or,  by  its  odor,  leakage,  $f93'|48' 
inflammability  or  explosive  nature,  will  be  liable  to  injure  other  property, 
or  of  a  value  which  will  probably  be  insufficient  to  pay  the  storage  charges 
thereof,  he  may,  after  notice  to  the  person  in  whose  name  the  property 
is  stored  to  remove  said  property  and  to  pay  the  storage  and  other  proper 
charges  thereon,  and  the  refusal  or  neglect  of  such  person  so  to  do,  sell 
the  same  at  public  or  private  sale  without  advertising.  If,  on  reasonable 
inquiry,  such  person  cannot  be  found,  the  sale  may  be  made  without 
notice.  The  proceeds  of  the  sale,  after  deducting  the  expenses  thereof 
and  the  storage  and  other  proper  charges,  shall  be  paid  or  credited  to 
the  person  in  whose  name  the  property  was  stored,  or  if  he  cannot  be 
found,  to  the  treasurer  and  receiver  general,  who  shall  pay  it  over  to  the 
owner  thereof  upon  proof  of  his  title  thereto  within  one  year  after  its 
receipt  by  the  treasurer.  If  such  warehouseman  has  made  a  reasonable 
effort  to  sell  perishable  or  worthless  property  and  has  been  unable  so  to 
do,  he  may  dispose  of  it  in  any  lawful  manner,  and  shall  not  be  liable  for 
such  disposition. 

SECTION  10.     If,  from  the  sale  or  other  disposition  authorized  by  the  Liability  of 
preceding  section,  no  proceeds  are  realized  or  the  proceeds  are  insufficient  charges°r ' 
to  pay  the  expenses  of  sale  and  the  storage  and  other  proper  charges,  1895-  3^8.  §  5. 
the  person  in  whose  name  said  property  was  stored  shall  be  liable  to  such 
warehouseman  for  all  proper  charges  against  such  property  or  for  such 
amount  as  equals  the  difference  between  the  charges  due  thereon  and  the 
proceeds  of  such  sale  or  disposition. 

SECTION  11.     A  public  warehouseman  who  has  in  storage  any  property  Sales  to  pay 
for  which  a  storage  charge  is  at  least  one  year  overdue,  may  sell  the  same  charges! 
by  public  auction  after  notice  in  writing  to  the. person  in  whose  name  it  1887>  277-  § l- 
is  stored  that  such  property  will  be  sold  at  a  time  and  place  specified  in 
the  notice  unless  the  amount  due  for  storage,  the  advances  made  thereon 
and  the  expenses  of  advertising  and  sale  are  paid  before  the  sale  is  made. 
From  the  proceeds,  he  may  retain  said  storage  charges,  advances  made 
and  expenses  of  advertising  and  sale. 

SECTION  12.     The  notice  required  by  the  preceding  section  shall  be  Service  of 
served  by  an  officer  authorized  to  serve  civil  process  or  by  some  other  "ggT^^V^. 
person  by  delivering  it  to  the  person  in  whose  name  such  property  is  1895>  348>  § 6- 
stored  at  the  time  of  such  service  or  by  leaving  it  at  his  usual  place  of 
abode,  if  within  the  commonwealth,  at  least  sixty  days  before  the  time 
of  such  sale;   in  the  event  that  the  party  storing  such  goods  shall  have 
parted  with  the  same,  and  the  purchaser  shall  have  notified  the  ware- 
houseman, with  his  address,  such  notice  shall  be  given  to  such  person  in 


130 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Disposition  of 

proceeds  of 

sales. 

1887,  277,  §  3. 


Penalty  for 
selling,  etc., 
property 
deposited. 
1860,  206,  §  8. 
P.  S.  72,  §  10. 
1895,  348,  §  2. 


—  for  forging, 
etc.,  ware- 
house receipt, 
etc. 

1860,  206,  §§  9, 
10. 

P.  S.  72,  §§  11, 
12. 


Penalty  for 

disposing  of 

receipt  after 

attachment, 

etc. 

1860,  206,  §  12. 

P.  S.  72,  §  14. 


lieu  of  the  person  storing  the  goods.  A  return  of  service  of  such  notice 
shall  be  made  under  oath.  If  the  person  in  whose  name  such  property 
is  stored  cannot,  with  reasonable  diligence,  be  found  within  the  common- 
wealth, such  notice  shall  be  published  once  in  each  of  three  successive 
weeks  in  a  newspaper  published  in  the  city  or  town  in  which  the  ware- 
house is  located,  if  any;  otherwise,  in  one  of  the  principal  newspapers 
published  in  the  county  in  which  such  city  or  town  is  located,  the  last 
publication  to  be  at  least  thirty  days  before  the  time  of  sale. 

SECTION  13.  Such  warehouseman  shall,  on  demand,  pay  over  the 
surplus  of  the  proceeds  of  a  sale  authorized  by  section  eleven  to  the  per- 
son entitled  thereto,  but  if  it  is  not  claimed  within  six  months  after  such 
sale,  he  shall  pay  such  surplus  to  the  treasurer  and  receiver  general  and 
shall,  at  the  same  time,  file  with  him  an  affidavit  stating  the  name  and 
residence  of  the  person  whose  property  has  been  sold,  the  articles  sold 
and  the  prices  obtained  therefor,  the  name  and  residence  of  the  auction- 
eer and  a  copy  of  the  notice  served  or  published  with  the  return  thereof. 
The  copy  of  notice  and  return  so  filed  shall  be  admitted  as  evidence  of 
the  giving  of  the  notice.  The  treasurer  and  receiver  general  shall  pay  it 
over  to  the  owner  thereof  upon  proof  of  his  title  thereto  within  five  years 
after  its  receipt  by  the  treasurer. 

SECTION  14.  Whoever,  with  intent  to  injure  or  defraud,  unlawfully 
sells,  pledges,  lends  or  in  any  other  way  disposes  of,  or  permits  or  is  a 
party  to  the  unlawful  selling,  pledging,  lending  or  other  disposition  of, 
any  property  stored  in  a  public  warehouse,  without  the  authority  of  the 
person  in  whose  name  the  same  is  stored,  shall  be  punished  by  a  fine  of 
not  more  than  five  thousand  dollars  and  by  imprisonment  in  the  state 
prison  for  not  more  than  three  years.  . 

SECTION  15.  Whoever  falsely  makes,  utters,  forges  or  counterfeits,  or 
whoever  permits  or  is  a  party  to  the  false  making,  uttering,  forging  or 
counterfeiting  of,  a  warehouse  receipt,  certificate  or  other  instrument,  or 
of  the  signature  of  a  warehouseman  or  of  an  indorser  or  other  person  to 
an  instrument  used  to  pass  or  to  give  title  to  property  stored  in  a  public 
warehouse,  shall  be  punished  by  a  fine  of  not  more  than  five  thousand 
dollars  and  by  imprisonment  in  the  state  prison  for  not  more  than  three 
years. 

SECTION  16.  Whoever,  knowing  that  his  interest  in  the  property 
described  in  a  warehouseman's  receipt  has  been  attached,  indorses,  assigns 
or  otherwise  disposes  of  such  receipt  without  disclosing  such  attachment 
to  the  person  to  whom  such  receipt  is  indorsed,  assigned  or  disposed  of, 
shall  be  punished  by  a  fine  of  not  more  than  five  thousand  dollars  and  by 
imprisonment  in  the  state  prison  for  not  more  than  three  years,  or  by 
imprisonment  in  jail  for  not  more  than  one  year. 


Perishable 


fy  bTsok? 
1857,  237. 

p.'  s.'  96,'  §  5. 


PERISHABLE   ARTICLES   TO   BE   SOLD. 
Revised  Laws,  Chapter  95,  §§  5,  6. 

SECTION  5.  When  a  common  carrier  has  transported  fresh  meats, 
-  fresh  fish,  shell  fish,  fruit  or  vegetables,  to  their  destination,  has  noti- 
ne(* tne  owner  or  consignee  of  their  arrival,  and  the  owner  or  consignee 
after  such  notice  refuses  or  omits  to  receive  and  take  them  away  and  to 
pay  the  freight  and  proper  charges  thereon,  said  carrier  may,  in  the 
exercise  of  a  reasonable  discretion,  sell  the  same  at  public  or  private  sale 
without  advertising,  and  the  proceeds,  after  deducting  the  amount  of 
said  freight  and  charges  and  expenses  of  sale,  shall  be  paid  to  the  owner 
or  consignee.  If  the  owner  or  consignee  on  reasonable  inquiry  cannot  be 
found,  the  sale  may  be  made  without  such  notice. 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


131 


SECTION  6.     If  goods  carried  by  a  railroad  company  or  in  a  steam  or  Sale  of  un- 

•v  n     i  i«       i       ,1  -ii  •  claimed  goods. 

sailing  vessel  are  not  called  for  by  the  owner  or  consignee  within  one  year  isee.  152. 
after  the  date  of  their  receipt  at  the  city  or  town  to  which  they  are  con-  |j  |j  ^6> 
signed,  they  may  be  sold  by  public  auction  for  the  charges  of  transporta- 
tion due  thereon,  notice  of  the  time  and  place  of  sale  first  being  given  by 
publishing  the  same  three  days  in  each  of  three  successive  weeks  in  a 
newspaper,  if  any,  published  in  such  city  or  town,  otherwise  in  the  news- 
paper published  nearest  thereto.  The  proceeds  of  goods  so  sold,  after 
deducting  costs  of  transportation,  storage,  advertising  and  sale,  shall  be 
placed  to  the  credit  of  the  owner  in  the  books  of  the  company  or  owner 
of  the  vessel  making  the  sale,  and  shall  be  paid  to  the  owner  of  the  goods 
on  demand. 

Revised  Laws,  Chapter  212,  §§  73,  74. 
SECTION  73.     Railroad  corporations  shall  not  permit  animals  which  Re.st  for 

animals 

they  are  carrying  or  transporting  to  be  confined  in  cars  longer  than  transported, 
twenty-eight  consecutive  hours  without  unloading  them  for  at  least  five  J|gg;  %\%\  f 1; 
consecutive  hours  for  rest,  water  and  feeding,  unless  prevented  by  storm  j|874£  372> 
or  accident.     In  estimating  such  confinement,  the  time  during  which  the  p.  s/207,  §  55. 
animals  have  been  confined  without  such  rest  on  connecting  roads  from  }lor?4<jo.  ** 
which  they  are  received  shall  be  included.    Animals  so  unloaded  shall 
during  such  rest  be  properly  fed,  watered  and  sheltered  by  the  owner  or 
person  having  the  custody  of  them,  or,  in  case  of  his  default,  by  the  rail- 
road corporation  transporting  them,  at  the  expense  of  said  owner  or 
person  in  custody  thereof.     In  such  case  the  corporation  shall  have  a 
lien  upon  such  animals  for  food,  care  and  custody  furnished,  and  shall 
not  be  liable  for  such  detention.     A  corporation,  owner  or  custodian  of 
such  animals  who  fails  to  comply  with  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars.    The  provisions  of  this  section  shall  not  apply  to  ani- 
mals carried  in  cars  in  which  they  can  and  do  have  proper  food,  water, 
space  and  opportunity  for  rest. 

SECTION   74.     A  person  found   violating  any   provision  of  sections  Arrest  for 
seventy  and  seventy-three  may  be  arrested  and  held  without  a  warrant  aSmais*0 
as  provided  in  section  forty-seven;  and  the  person  making  an  arrest  with  1869,  344.  §  4.^ 
or  without  a  warrant  shall  use  reasonable  diligence  to  give  notice  thereof 
to  the  owner  of  animals  found  in  the  charge  or  custody  of  the  person 
arrested,  shall  properly  care  and  provide  for  such  animals  until  the  owner 
thereof  takes  charge  of  them,  not,  however,  exceeding  sixty  days  from 
the  date  of  said  notice  and  shall  have  a  lien  on  said  animals  for  the  expense 
of  such  care  and  provision.- 

Revised  Laws,  Chapter  78,  §  43. 

SECTION  43.    No  common  carrier  or  other  person  shall  convey  or  cause  Transporta- 
to  be  conveyed,  through  or  from  any  city  or  town  in  this  commonwealth,  bodies  regu- 
the  body  of  any  person  who  has  died  of  small  pox,  scarlet  fever,  diphtheria  ^d- m     2 
or  typhus  fever  until  such  body  has  been  so  encased  and  prepared  as  to  1887!  335! 
preclude  any  danger  of  contagion  or  infection  by  its  transportation;  and  1897-437'  »  6- 
no  city  or  town  clerk,  or  clerk  or  agent  of  the  board  of  health,  shall  give 
a  permit  for  the  removal  of  such  body  until  he  has  received  from  the 
board  of  health  of  the  city  or  from  the  selectmen  of  the  town  in  which 
the  death  occurred  a  certificate  stating  the  cause  of  death,  and  that  said 
body  has  been  prepared  in  the  manner  prescribed  in  this  section,  which 
certificate  shall  be  delivered  to  the  agent  or  person  who  receives  the 
body.    Whoever  violates  the  provisions  of  this  section  shall  forfeit  not 
more  than  twenty-five  dollars. 


132 


PAET  II.  —  OF  RAILROAD   CORPORATIONS. 


Acts  of  1907,  Chapter  517,  §  1,  as  amended  by  1910,  497. 
An  Act  relative  to  the  Registration  of  Carriers  of  Intoxicating  Liquors. 

R.  L.  loo,  §  49,  SECTION  1.  Section  forty-nine  of  chapter  one  hundred  of  the  Revised 
&A^fndtd  by  Laws  is  hereby  amended  by  inserting  after  the  word  "business",  in  the 
i9io, 497,  §i-  sixth  line,  the  words:  —  and  to  no  other  person  or  corporation,  —  by 
inserting  after  the  word  "contained",  in  the  ninth  line,  the  words:  — 
No  person  or  corporation  not  regularly  and  lawfully  conducting  a  general 
express  business,  except  a  railroad  corporation  or  a  street  railway  cor- 
poration authorized  to  carry  freight  or  express,  shall  receive  such  liquors 
for  transportation  for  hire  or  reward  for  delivery  in  a  city  or  town,  in 
which  licenses  of  the  first  five  classes  are  not  granted,  nor  transport  or 
deliver  such  liquors  in  such  cities  or  towns,  —  and  by  striking  out  the 
words  "or  by  any  other  person",  in  the  twelfth  line,  so  as  to  read  as  fol- 
lows :  —  Section  49-  Spirituous  or  intoxicating  liquor  which  is  to  be 
transported  for  hire  or  reward  for  delivery  in  a  city  or  town  in  which 
licenses  of  the  first  five  classes  are  not  granted,  shall  be  delivered  by  the 
seller  or  consignor  to  a  railroad  corporation  or  steamboat  corporation  oper- 
ating a  regular  line  of  steamships  to  Martha's  Vineyard  or  Nantucket  or  to 
a  person  or  corporation  regularly  and  lawfully  conducting  a  general 
express  business,  and  to  no  other  person  or  corporation,  in  vessels  or 
packages  plainly  and  legibly  marked  on  the  outside  with  the  name  and 
address,  by  street  and  number,  if  there  be  such,  of  the  seller  or  consignor, 
and  of  the  purchaser  or  consignee,  and  with  the  kind  and  amount  of 
liquor  therein  contained.  No  person  or  corporation  not  regularly  and 
lawfully  conducting  a  general  express  business,  except  a  railroad  corpora- 
tion or  steamboat  corporation  operating  a  regular  line  of  steamships  to 
Martha's  Vineyard  or  Nantucket,  or  a  street  railway  corporation  author- 
ized to  carry  freight  or  express,  shall  receive  such  liquors  for  transporta- 
tion for  hire  or  reward  for  delivery  in  a  city  or  town,  in  which  licenses  of 
the  first  five  classes  are  not  granted,  nor  transport  or  deliver  such  liquors 
in  such  cities  or  towns.  Delivery  of  such  liquors  or  any  part  thereof  by 
a  railroad  corporation,  or  steamboat  corporation  or  by  a  person  or  corpora- 
tion regularly  and  lawfully  conducting  a  general  express  business  to  a 
person,  other  than  the  owner  or  consignee,  whose  name  is  marked  by  the 
seller  or  consignor  on  said  vessels  or  packages,  or  at  any  other  place  than 
is  thereon  marked,  shall  be  deemed  to  be  a  sale  by  any  person  making 
such  delivery  to  such  person  in  the  place  in  which  such  delivery  is  made. 

Acts  of  1910,  Chapter  497*  §  2. 

i9oe,  421,  §1,  SECTION  2.  Section  one  of  chapter  four  hundred  and  twenty-one  of 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  in- 
serting after  the  word  "railroad",  in  the  first  line,  the  words:  —  corpo- 
ration, or  steamboat  corporation  operating  a  regular  line  of  steamships 
to  Martha's  Vineyard  or  Nantucket,  —  so  as  to  read  as  follows:  — 
Section  1.  No  person  or  corporation,  except  a  railroad  corporation,  or 
steamboat  corporation  operating  a  regular  line  of  steamships  to  Martha's 
Vineyard  or  Nantucket,  or  street  railway  corporation,  shall,  for  hire  or 
reward,  transport  spirituous  or  intoxicating  liquors  into  or  in  a  city  or 
town  in  which  licenses  of  the  first  five  classes  for  the  sale  of  intoxicating 
liquors  are  not  granted,  without  first  being  granted  a  permit  so  to  do  as 
hereinafter  provided. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  7, 1910. 


PART  II.  —  OF   RAILROAD  CORPORATIONS.  133 


Revised  Laws,  Chapter  100,  §  50. 

SECTION  50.    Every  railroad  corporation  and  every  person  or  corpo-  Record  of 
ration  regularly  and  lawfully  conducting  a  general  express  business,  tSk'ept?" 
receiving  spirituous  or  intoxicating  liquor  for  delivery,  or  actually  deliver-  ^97,271,  §  2. 

•  •.•,»i-  1  •  .  -i*ii^  vt/o  i  j+ilSl . 

ing  intoxicating  liquor  to  any  person  or  place  in  a  city  or  town  described  1907,517. 
in  the  preceding  section,  shall  keep  a  book,  and  plainly  enter  therein  the  j|{  ?)  f/3\ 
date  of  the  reception  by  it  or  him  of  each  vessel  or  package  of  such  liquor 
received  for  transportation,  and  a  correct  transcript  of  the  marks  pro-, 
vided  for  by  said  section,  and  the  date  of  its  delivery  by  it  or  him,  and 
the  name  of  the  person  to  whom  it  was  delivered  shall  be  signed  to  the 
same  as  a  receipt ;  and  said  book  shall  at  all  times  be  open  to  the  inspec- 
tion of  the  officers  named  in  section  twenty-seven.    Such  officers  shall 
not  make  public  the  information  obtained  by  such  inspection  except  in 
connection  with  the  enforcement  of  law. 


TRANSPORTATION  OF  EXPLOSIVES. 
Revised  Laws,  Chapter  102,  §§  96-98. 

SECTION  96.    No  person,  unless  on  military  duty  in  the  public  service  Explosives, 
of  the  United  States  or  of  this  commonwealth,  shall  keep,  have  or  possess,  \srrk2i&  §  i 
in  a  building,  place,  vehicle  or  vessel,  within  one  rod  of  a  dwelling  house,  P-  s.'  102',  §  59. 
any  explosive  in  quantity  exceeding  one-fifth  of  a  pound  in  any  way  or 
manner  prohibited  by  the  provisions  of  the  nine  following  sections,  or  by 
any  ordinance  or  by-law  which  may  be  made  in  accordance  with  the  pro- 
visions of  the  following  section. 

SECTION  97.    The  city  council  of  a  city  or  town  may  make  ordinances  —  manufac- 
and  by-laws,  not  inconsistent  with  the  provisions  hereof  or  with  rules  etoe,'oftorage' 
made  by  the  board  of  railroad  commissioners  as  authorized  by  section  if^'lle  §2 
ninety-nine,  for  the  protection  of  life  and  property,  relative  to  the  keep-  P.  s.'  102',  §  eb. 
ing,  storage,  use,  manufacture  or  sale  of  explosives,  and  may  regulate  the  [Amended,  °  3' 
transportation  thereof  through  the  streets  or  highways  of  such  city  or  1905>  280<  §  *•! 
town,  and  affix  penalties  of  not  more  than  fifty  dollars  for  each  violation 
thereof. 

SECTION  98.    The  mayor  and  aldermen  and  the  selectmen,  respec  --  licenses  for 
tively,  may  license,  upon  such  terms  as  may  be  prescribed  in  such  ordi-  il^^eTf  a!*' 
nances  or  by-laws,  the  keeping,  storage,  transportation,  use,  manufacture  p-  s'  102-  §  61- 
or  sale  of  explosives  within  the  limits  of  such  city  or  town. 

For  additional  laws  as  to  transportation  of  explosives  see  other  sections 
of  R.  L.  Chapter  102,  and  Acts  of  1910,  Chapter  588,  below;  1904,  370;  1905, 
280;  1908,  502. 

Acts  of  1910,  Chapter  588. 

An  Act  to  transfer  from  the  Board  of  Railroad  Commissioners  to  the 
District'  Police  Certain  Powers  and  Duties  relative  to  the  Transporta- 
tion of  Explosives. 

SECTION  1.    Sections  ninety-nine,  one  hundred  and  one  hundred  and  ILL-1^92>  §  "• 
one  of  chapter  one  hundred  and  two  of  the  Revised  Laws  are  hereby  re-  peaied. 
pealed;    but  this  repeal  shall  not  affect  any  suit,  prosecution  or  other 
proceeding  pending  at  the  time  of  the  repeal. 

SECTION  2.  The  detective  and  fire  inspection  department  of  the  dis- 
trict police  may  adopt  and  prescribe  regulations  for  the  transportation 
of  gunpowder  and  other  explosives  or  explosive  or  inflammable  fluids  or 
compounds  by  steam  railroads  or  otherwise,  and  may  from  time  to  time 
change  or  amend  such  regulations. 


' 


134 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


SECTION  3.  The  rules  heretofore  made  by  the  board  of  railroad  com- 
missioners under  authority  conferred  by  section  ninety-nine  of  chapter 
one  hundred  and  two  of  the  Revised  Laws,  and  now  in  force,  shall  con- 
tinue in  force  until  superseded  or  annulled  by  the  detective  and  fire  in- 
spection department  of  the  district  police  acting  under  the  authority  of 
this  act. 

SECTION  4.  Whoever  knowingly  violates  or  knowingly  causes  or  per- 
mits the  violation  of  any  regulation  adopted  and  prescribed  under  the 
authority  of  this  act  shall  be  punished  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  by  imprisonment  for  not  more  than  one  year,  or  by  both 
such  fine  and  imprisonment.  [Approved  June  3,  1910. 


Oils  not  to 
remain  in 
streets. 
1869,  152, 
P.  S.  102. 
See  1905,280. 
Powers  of 
district  police. 
See  also 
1908,  BOS. 


Common 
carrier  not  to 
be  held  liable 
in  certain 
cases. 


Transporta- 
tion of  milk. 
1879,  206, 
§§  1,  3. 
P.  S   112, 
§192. 

1893,  210,  §  1. 
R.  L.  Ill, 
§246. 
Amended. 
1910,633,  §  1. 


1906,  463, 
Part  II,  §  202, 
amended. 


STORAGE   OF   OILS,  ETC. 
Revised  Laws,  Chapter  102,  §  118. 

SECTION  118.  None  of  the  articles  named  in  sections  one  hundred 
and  six  to  one  hundred  and  fourteen,  inclusive,  shall  be  allowed  to  re- 
74.  mam  in  a  street,  lane,  alley  or  travelled  way,  upon  a  wharf,  in  a  yard,  or 
on  the  grounds  of  a  railroad  corporation,  in  a  city,  for  more  than  twenty- 
four  hours  or  in  a  town,  for  more  than  forty-eight  hours,  without  a  special 
permit  from  the  mayor  and  aldermen  or  selectmen,  or  from  a  person 
authorized  by  them.  Whoever  so  keeps  such  articles  for  a  longer  time 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars  for  each  offence. 


Acts  of  1905,  Chapter  324. 
An  Act  relative  to  Trustee  Process. 

When  a  common  carrier,  summoned  as  trustee  in  an  action  at  law,  has 
in  his  or  its  possession  goods  shipped  by  or  consigned  to  a  defendant  in 
such  action,  such  carrier,  in  the  absence  of  collusion  or  fraud  on  his  or 
its  part,  shall  not  be  held  liable  to  the  owner  or  consignee  by  reason  of 
his  or  its  failure  to  transport  and  to  deliver  said  goods  until  the  attach- 
ment is  dissolved  or  the  carrier  is  discharged  as  trustee.  [Approved  April 
21,  1905. 

Transportation  of  Milk. 

SECTION  202.  A  railroad  corporation  shall  not  receive,  for- 
ward or  deliver  milk  in  large  quantities  over  any  portion  of  its 
line,  or  permit  others  so  to  do,  under  contract,  lease  or  hiring  of 
cars  or  otherwise,  without  at  the  same  time  providing,  as  re- 
gards time,  care  and  preservation  of  the  milk  and  the  return  of 
the  empty  cans,  equal  facilities  and  advantages  for  receiving, 
forwarding  and  delivering  milk  by  the  can  over  the  same  por- 
tion of  its  line;  nor  without  establishing  a  tariff  for  the  milk 
by  the  can  which  is  [fairly  proportionate  to]  the  same  rate  which 
it  charges  or  receives  as  aforesaid  for  milk  in  large  quantities. 

Acts  of  1910,  Chapter  633,  §  1. 
An  Act  relative  to  the  Transportation  and  Sale  of  Milk. 

SECTION  1.  Section  two  hundred  and  two  of  Part  II  of  chapter  four 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six 
is  hereby  amended  by  striking  out  the  words  "fairly  proportionate  to", 
in  the  tenth  line,  and  by  inserting  the  word :  —  same,  —  after  the  word 
"the",  in  the  tenth  line,  —  so  as  to  read  as  follows:  —  Section  202. v  A 
railroad  corporation  shall  not  receive,  forward  or  deliver  milk  in  large 


PART   II. — OF  RAILROAD  CORPORATIONS.  135 

quantities  over  any  portion  of  its  line,  or  permit  others  so  to  do,  unde,r 
contract,  lease  or  hiring  of  cars  or  otherwise,  without  at  the  same  time 
providing,  as  regards  time,  care  and  preservation  of  the  milk  and  the 
return  of  the  empty  cans,  equal  facilities  and  advantages  for  receiving, 
forwarding  and  delivering  milk  by  the  can  over  the  same  portion  of  its 
line;  nor  without  establishing  a  tariff  for  the  milk  by  the  can  which  is 
the  same  rate  which  it  charges  or  receives  as  aforesaid  for  milk  in  large 
quantities. 

SECTION  203.     Upon  the  petition  of  one  or  more  persons  who  Transportation 
desire  to  forward  milk  by  the  can  over  any  railroad  or  any  por-  tlrifUoY, 
tion  or  portions  thereof,  the  board  of  railroad  commissioners,  igygfloG,'  §  2. 
after  notice  to  the  railroad  corporation  and  a  hearing,  shall  as-  §\93112> 
certain  and  compare  the  tariff  established  as  aforesaid  for  milk  i89£.  210,  §  2. 
by  the  can  with  the  rate  charged  or  received  as  aforesaid  for  §247. 

.„      •        ,  ....  '    ,  -,  ,  , .  158  Mass.  1. 

milk  in  large  quantities  over  such  railroad  or  such  portion  or  Amended. 

portions  thereof;  and  if  the  former  is,  in  the  judgment  of  said  1910'633'§s- 

board,  [unreasonably  high,  as  compared  with]  higher  than  the 

latter,  said  board  shall  revise  said  tariff  and  shall  fix  such  rate 

for  milk  by  the  can  as  [in  its  judgment  is  fairly  proportionate 

to]  it  finds  to  be  the  rate  for  milk  in  large  quantities,  including 

in  both  cases  the  same  care  and  preservation  of  the  milk  and 

the  return  of  the  empty  cans,  as  aforesaid;  and  shall  notify 

the  corporation  in  writing  of  the  rate  by  the  can  so  fixed  over 

such   railroad  or  such  portion  or  portions  thereof;  but  [milk 

received  by  one  railroad  corporation  from  another  shall  not  be 

considered   as  received  at  the  point  of  junction  of  the  two 

railroads,   in  comparing  and  fixing  as  aforesaid  the  rate  for 

milk  by  the  can  tendered  at  such  point  of  junction]  the  rates 

by  the  can  so  fixed  shall  not  be  higher  than  the  rates  charged  by 

the  same  railroad  corporation  for  a  longer  distance  on  any  part 

of  its  system. 

Acts  of  1910,  Chapter  633,  §§  2,  3. 

SECTION  2.  Section  two  hundred  and  three  of  Part  II  of  said  chapter  1906,  463, 
four  hundred  and  sixty-three  is  hereby  amended  by  striking  out  the  words  amended?  2°3' 
"unreasonably  high,  as 'compared  with",  in  the  tenth  line,  and  inserting 
in  place  thereof  the  words :  —  higher  than,  —  and  by  striking  out  the 
words  "in  its  judgment  is  fairly  proportionate  to",  in  the  twelfth  and 
thirteenth  lines,  and  inserting  in  place  thereof  the  words :  —  it  finds  to 
be,  —  and  by  striking  out  all  after  the  word  "but",  in  the  eighteenth 
line,  and  inserting  in  place  thereof  the  words :  —  the  rates  by  the  can  so 
fixed  shall  not  be  higher  than  the  rates  charged  by  the  same  railroad  cor- 
poration for  a  longer  distance  on  any  part  of  its  system,  —  so  as  to  read 
as  follows:  —  Section  203.  [For  §  203  as  amended,  see  above.] 

SECTION  3.  No  milk  shall  be  sold  in  this  commonwealth  unless  the 
conditions  under  which  it  is  produced  are  subject  to  the  inspection  pro- 
vided for  by  the  laws  of  the  commonwealth. 

SECTION  204.     A  railroad  corporation  which  refuses  or  neg-  Penalties. 
lects  to  receive,  forward  or  deliver  milk  by  the  can  over  its  rail-  p.  s.'ii2,' 
road  or  any  portion  thereof  at  the  tariff  rate  therefor,  as  pro-  fggt^io,  §  3. 
vided  in  the  preceding  section,  shall  forfeit  to  the  person  who    ^  m- 


136 


PART   II.  —  OF    RAILROAD   CORPORATIONS. 


tenders  the  same  five  dollars  for  each  and  every  can  of  milk 
which  it  so  refuses  to  receive  or  neglects  to  forward  and  deliver 
at  the  said  tariff  rate. 


Prohibition  as 
to  Lord's  day, 
of  labor,  etc., 
except  works 
of  necessity, 
etc. 

C.  L.  133, 
§§1.2. 

1692-3,  22,  §  : 
1716-7,  13,  §  : 
1727-8,  5, 
§§1,4. 
176O-1,  20, 
§§  2,  9. 
1782,  23,  |  1. 
1791,  58,  §  1. 
1796,  89,  §  1. 


FROM   SUNDAY   OBSERVANCE   LAW. 
Revised  Laws,  Chapter  98,  §  2. 

SECTION  2.  Whoever,  on  the  Lord's  day,  keeps  open  his  shop,  ware- 
house or  workhouse,  or  does  any  manner  of  labor,  business  or  work, 
except  works  of  necessity  and  charity,  or  takes  part  in  any  sport,  game, 
play  or  public  diversion,  except  a  concert  of  sacred  music  or  an  enter- 
tainment given  by  a  religious  or  charitable  society  the  proceeds  of  which, 
if  any,  are  to  be  devoted  exclusively  to  a  charitable  or  religious  purpose, 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars  for  each  offence; 
and  the  proprietor,  manager  or  person  in  charge  of  such  game,  sport, 
play  or  public  diversion,  except  as  aforesaid,  shall  be  punished  by  a  fine 
of  not  less  than  fifty  nor  more  than  five  hundred  dollars  for  each  offence. 


R.  S.  50,  §  1. 

10  Cush.  257. 

407,  411. 

143  Mass.  28,  167. 

G.  S.  84,  §  1. 

8  Gray,  384,  553. 

101  Mass.  30,  366. 

144  Mass.  362,  363. 

1862,  152. 

11  Gray,  308. 

103  Mass.  188. 

145  Masa.  99,  353. 

1863,  143. 

15  Gray,  433. 

107  Mass.  251,  439. 

155  Mass.  543. 

P.  S.  98,  §  2. 

9  Allen,  118,  452. 

108  Mass.  517. 

159  Mass.  101. 

1895,  434,  §  2. 

10  Allen,  18. 

112  Mass.  368,  467. 

168  Mass.  519. 

12  Met.  24. 

11  Allen,  209. 

117  Mass.  142. 

170  Mass.  561. 

13  Met.  284. 

12  Allen,  187. 

127  Mass.  123. 

125  U.  S.  555. 

2  Cush.  556. 

13  Allen,  559. 

128  Mass.  148. 

Amended. 

4  Cush.  243. 

97  Mass.  45,  166. 

131  Mass.  546. 

1904,  460,  §  S. 

R.  L.  98,  §  2. 
amended. 
Penalty  for 
doing  certain 
business,  etc., 
on  the  Lord '3 
day. 


Acts  of  1904,  Chapter  460,  §  2. 

SECTION  2.  Whoever,  on  the  Lord's  day,  keeps  open  his  shop,  ware- 
house or  workhouse,  or  does  any  manner  of  labor,  business  or  work,  ex- 
cept works  of  necessity  and  charity,  or  takes  part  in  any  sport,  game, 
play  or  public  diversion,  except  a  concert  of  sacred  music  or  an  entertain- 
ment given  in  good  faith  by  a  religious  or  charitable  society  in  aid  of  a 
religious  or  charitable  purpose,  the  entire  proceeds  of  which,  if  any,  less 
only  the  necessary  and  reasonable  expenses,  not  to  exceed  twenty-five 
per  cent  of  such  proceeds,  are  to  be  devoted  exclusively  to  a  religious  or 
charitable  purpose,  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollars  for  each  offence;  and  the  proprietor,  manager  or  person  in  charge 
of  such  game,  sport,  play  or  public  diversion,  except  as  aforesaid,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars  for  each  offence. 


Certain  busi- 
ness not  pro- 
hibited. 
1886,  82. 
1887,391,  §  2. 
1893,41. 
1895,  434,  §  2. 

1900,  440. 

1901,  80. 

145  Mass.  430. 
149  Mass.  68. 
176  Mass.  5, 
104. 

See  1908,  273, 
/or  amend- 
ments. 

1902,  414. 
1908,  1S6, 
%t$t  333,  3>y3t 
354,  637. 
1910,  327. 
1911,828. 


Revised  Laws,  Chapter  98,  §§  3,  10,  11,  14,  15,  17. 

SECTION  3.  The  provisions  of  the  preceding  section  shall  not  be  held 
to  prohibit  the  manufacture  and  distribution  of  steam,  gas  or  electricity 
for  illuminating  purposes,  heat  or  motive  power,  nor  the  distribution  of 
water  for  fire  or  domestic  purposes,  nor  the  use  of  the  telegraph  or  the 
telephone,  nor  the  retail  sale  of  drugs  and  medicines,  nor  articles  ordered 
by  the  prescription  of  a  physician  or  mechanical  appliances  used  by 
physicians  or  surgeons,  nor  the  retail  sale  of  tobacco  in  any  of  its  forms 
by  licensed  innholders,  common  victuallers,  druggists  and  newsdealers 
whose  stores  are  open  for  the  sale  of  newspapers  every  day  in  the  week, 
nor  the  letting  of  horses  and  carriages  or  of  yachts  and  boats,  nor  the 
running  of  steam  ferry  boats  on  established  routes,  nor  the  running 
of  street  railway  cars,  nor  the  preparation,  printing  and  publication 
of  newspapers,  nor  the  sale  and  delivery  of  newspapers,  nor  the  whole- 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  137 

sale  or  retail  sale  and  delivery  of  milk,  nor  the  transportation  of  milk, 
nor  the  making  of  butter  and  cheese,  nor  the  keeping  open  of  public 
bath  houses,  nor  the  making  or  selling  by  bakers  or  their  employees, 
before  ten  o'clock  in  the  morning  and  between  the  hours  of  four  o'clock 
and  half  past  six  o'clock  in  the  evening,  of  bread  or  other  food  usually 
dealt  in  by  them,  nor  the  carrying  on  of  the  business  of  bootblacks  before 
eleven  o'clock  in  the  forenoon. 

SECTION  10.    Prosecutions  for  penalties  incurred  under  the  preceding  Prosecutions, 
provisions  of  this  chapter  shall  be  commenced  within  six  months  after  instituted" 
the  offence  was  committed.  1815> 135- 

R.  S.  50,  §  11.  G.  S.  84,  §  10.  P.  S.  98,  §  8. 

SECTION  11.    Sheriffs,  constables  and  grand  jurors  shall  inquire  into  Sheriffs,  etc., 
and  inform  of  all  offences  against  the  provisions  of  this  chapter,  and  offence™ C 
cause  the  same  to  be  enforced.  1727-8,  5,  §  5. 

1791,58,  §§  10,  12.  R.  S.  50,  §9.  G.  S.  84,  §  8.  P.  S.  98,  §  9. 

SECTION  14.    The  board  of  railroad  commissioners  may  authorize  the  Rule  as  to 
running,  on  the  Lord's  day,  of  such  steamboat  lines  and  such  trains  i^neTancf1 
upon  any  railroad,  as,  in  the  opinion  of  the  board,  the  public  necessity  JM'^IIQ 
and  convenience  require,  having  regard  to  the  due  observance  of  the  P.  s/98,  §  15. 

day  1887.  391,  §3. 

SECTION  15.    The  board  of  railroad  commissioners  may,  if  in  their  —  as  to  steam- 
opinion  the  public  necessity,  convenience,  health  or  welfare  so  requires,  i897%89. 
authorize  the  running  of  steamboats  on  the  Lord's  day  for  the  entire 
year  or  any  part  thereof,  upon  such  conditions  as  they  deem  judicious  to 
prevent  disorderly  conduct  or  the  disturbance  of  public  worship;    and 
may  at  any  time  revoke  such  authority. 

SECTION  17.    The  provisions  of  this  chapter  shall  not  constitute  a  This  chapter 
defence  to  an  action  for  a  tort  or  injury  suffered  by  a  person  on  the  Lord's  *$£  2|2ence' 

day.  1884,37.  140  Mass.  199.  165  Mass.  346.  125  U.  S.  555.         P.  S/98,  §  3. 

CONNECTING   RAILROADS. 

SECTION  205.     If  a  railroad  constructed  after  the  eighth  day  Connecting 
of  April  in  the  year  eighteen  hundred  and  seventy-two  meets  pannes  ma^use 
another  railroad  which  terminates  in  the  same  city  or  town,  or  roada°ther  8 
lawfully  crosses  another  railroad  at  the  same  level  therewith,  jj4!5'^91' 
the  corporation  by  which  either  of  said  railroads  is  owned  may  if5,7*!91' 
enter  its  railroad  upon,  unite  the  same  with  and  use  the  rail-  G.  s'.  63, 
road  of  the  other;  if  a  railroad  constructed  after  said  day  meets  1872,53,  §  12; 
another  railroad  which  passes  through  the  same  city  or  town,  1174, 372. 
the  corporation  by  which  either  of  said  railroads  is  owned  may,  i876%82. 
with  the  written  consent  of  the  board  of  railroad  commissioners  Pj6s-  112'  § 
and  upon  such  terms  as  said  board  upon  hearing  prescribes,  R,-^-  m.  § 
enter  its  railroad  upon,  unite  the  same  with  and  use  the  rail-  12  Gray,  393. 
road  of  the  other;  and  if  a  railroad  corporation  whose  railroad 
was  constructed  prior  to  said  day  is  specially  authorized  to 
enter  its  railroad  upon,  unite  the  same  writh  and  use  the  rail- 
road of  another  corporation,  each  of  such  corporations  may 
enter  upon,  unite  its  railroad  with  and  use  the  railroad  of  the 
other;  but  no  locomotive  engine  or  other  motive  power  which 
is  not  owned  and  controlled  by  the  corporation  owning  or  law- 
fully operating  the  railroad  shall  be  allowed  to  run  upon  a  rail- 
road except  with  the  consent  of  such  corporation. 


138 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Through 
routes,  joint 
rates  may 
be  required. 


Proviso. 


Compensation 

for  drawing 

cars,  etc. 

1845,  191,  §  2. 

1857,291, 

§§  1.3. 

G.  S.  63,  §  117. 

1874,  372, 

§166. 

P.  8.  112, 

§217. 

II.  L.  Ill, 

§273. 

12  Gray,  393. 

14  Allen,  469. 


—  determina- 
tion of  rates  of. 
1845,  191, 
§§2-4. 

1857,  291,  §  2. 

1858,  10. 


Acts  of  1913,  Chapter  784,  §  25. 

SECTION  25.  Wherever  there  is  no  satisfactory  through  route  for  the 
transportation  of  passengers  or  freight  at  a  reasonable  rate  the  commission 
shall  have  power  by  order,  after  notice  and  a  public  hearing  had  upon 
complaint,  to  require  any  two  or  more  railroad  or  railway  companies  whose 
lines,  owned,  operated,  leased,  or  controlled  by  stock  ownership  or  other- 
wise, form  a  continuous  or  connecting  line  of  transportation,  or  could  be 
made  to  do  so  by  the  construction  and  maintenance  of  switch  connection 
or  interchange  track  at  connecting  points,  or  by  transfer  of  property  or 
passengers  at  connecting  points,  to  establish  through  routes  and  joint 
rates,  fares  and  charges  for  the  transportation  of  passengers  and  property, 
and  for  the  operation  of  the  cars  and  other  equipment  for  such  trans- 
portation, within  the  commonwealth,  as  the  commission  may  by  its  order 
designate;  and,  in  case  such  companies  cannot  agree  as  to  the  division 
of  rates  or  the  conditions  under  which  such  through  routes  or  trans- 
portation shall  be  established  or  such  cars  or  other  equipment  operated, 
the  commission  shall  have  power,  after  due  hearing,  to  determine  and 
prescribe  the  proportionate  portions  of  such  through  rates  payable  to 
each  of  such  companies,  the  conditions  under  which  such  through 
routes  or  transportation  shall  be  established  or  such  cars  or  other 
equipment  operated,  and,  in  case  of  railways,  to  grant  locations  upon 
which  the  grantee  company  may  construct  the  switch  connection 
or  interchange  track  necessary  to  the  establishment  of  such  through 
routes  or  transportation,  or  to  the  operation  of  such  cars  or  other 
equipment:  provided,  however,  that  a  railroad  or  railway  company  shall 
have  control  of  and  responsibility  for  the  management  and  operation  of 
all  trains  or  cars  while  they  are  upon  its  railroad  or  railway  as  fully  as 
if  it  owned  them.  The  commission  may,  upon  reasonable  terms  and  condi- 
tions, require  and  order  any  railroad  or  railway  company  which  carries 
freight  in  carload  lots  to  establish  and  maintain  for  the  purpose  of  receiving 
or  delivering  freight  in  carload  lots,  a  switch  connection  with  any  private 
side  track  constructed  on  land  adjoining  the  location  of  any  such  rail- 
road or  railway,  if  the  commission  is  of  opinion  that  such  connection 
is  reasonable  and  practicable,  can  be  put  in  and  used  with  safety,  and 
will  furnish  sufficient  business  to  justify  its  construction  and  maintenance, 
and  the  commission  may  grant  to  any  railway  company  the  necessary 
locations  in  public  ways  and  places  for  any  switch  connection  ordered  by 
the  commission  to  be  constructed  by  such  railway  company. 

SECTION  206.  If  two  corporations  are  authorized  as  in  the 
preceding  section  each  to  enter  with  its  railroad  upon,  unite  the 
same  with  and  use  the  railroad  of  the  other,  each  of  them  shall 
at  reasonable  times  and  for  a  reasonable  compensation  draw 
over  its  railroad  the  passengers,  merchandise  and  cars  of  the 
other,  and  each  of  them  shall  for  a  reasonable  compensation 
provide  upon  its  railroad  convenient  and  suitable  station  ac- 
commodations for  the  passengers  and  merchandise  of  the  other 
corporation  passing  to  and  over  it,  and  shall  receive  and  deliver 
the  same  in  the  manner  in  which  it  receives  and  delivers  its 
own  passengers  and  freight. 

SECTION  207.  If  the  corporations  cannot  agree  upon  the 
stated  periods  at  which  the  cars  of  one  shall  be  drawn  Over  the 
railroad  of  the  other,  and  upon  the  compensation  to  be  paid 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  139 

therefor,  or  upon  the  terms  and  conditions  upon  which  accom-  G.  s.  63, 
modations  shall  be  furnished  for  the  passengers  and  merchan-  1869,408,  §5. 
dise  of  the  other,  or  if  two  corporations  operating  railroads  of  llll',  372',  §  4' 
different  gauges  cannot  agree  as  to  the  requisite  terminal  ac-  p.1!7  112, 


commodations,  or  as  to  the  manner  in  which  freight  and  pas-  f 
sengers  shall  be  transferred  from  one  railroad  to  the  other  and  J  274.^  ^ 
forwarded,  the  board  of  railroad  commissioners,  upon  the  peti-  u  Gray,  253, 
tion  of  either  party  and  after  notice  to  the  other,  shall  hear  the 
parties,  and  determine,  having  reference  to  the  convenience  and 
interest  of  the  corporations  and  of  the  public  to  be  accommo- 
dated thereby,  the  stated  periods  for  drawing  cars,  the  compen- 
sation therefor,  the  terms  and  conditions  for  passengers  and 
merchandise,  or  the  requisite  terminal  accommodations  and 
manner  of  transferring  passengers  and  freight  as  aforesaid;  and, 
upon  the  application  of  either  party,  shall  determine  all  ques- 
tions between  the  parties  relative  to  the  transportation  of 
freight  and  passengers  and  other  business  upon  and  connected 
with  said  railroads  in  which  they  are  jointly  interested  and  the 
manner  in  which  the  business  shall  be  done,  and  shall  apportion 
to  the  corporations  their  respective  shares  of  the  expenses,  re- 
ceipts and  income  of  the  same;  and  the  award  of  the  board  of 
railroad  commissioners  shall  be  binding  upon  the  respective  cor- 
porations for  one  year  and  thereafter  until  the  said  board  re- 
vises the  same;  and  the  compensation  of  said  board  for  services 
and  expenses  under  the  provisions  of  this  section  shall  be  paid 
by  the  respective  corporations  in  such  proportions  as  said  board 
shall  determine  and  set  forth  in  its  award.  Upon  the  request 
in  writing  of  a  party  affected  thereby,  filed  with  said  board 
within  thirty  days  after  the  rendering  thereof,  the  award  shall 
be  filed  in  the  supreme  judicial  court  which  shall  have  jurisdic- 
tion to  revise  it  as  if  it  had  been  made  by  a  commission  ap- 
pointed by  said  court. 

SECTION  208.     A  railroad  corporation   which  is  created   by  Connecting 
the  laws  of  another  state  shall  have  all  the  rights  and  privileges  tered  by  other 
relative  to  connecting  railroads,   under  the  provisions  of  the  iseofzoi. 
three  preceding  sections,  of  a  corporation  which  is  created  by  p87s.fn2,'§2i9; 
the  laws  of  this  commonwealth.  R.L.  111,1275. 

SECTION  209.     Two  railroad  corporations,   which  are  incor-  Connecting 
porated  under  the  laws  of  this  commonwealth,  and  whose  rail-  m^c^ntract 
roads  enter  upon  or  connect  with  each  other,  may  contract  that  perf0?mea8na11 
either  corporation  shall  perform  all  the  transportation  upon  and  JorThTother11 
over  the  railroad  of  the  other;  and  any  siich  corporation  may  J?3^"1 
lease  its  railroad  to  any  other  such  corporation;  but  the  facili-  G.  s.  e's, 
ties  for  travel  and  business  on  either  of  the  railroads  of  said  1372,  iso,  §  i. 
corporations  shall  not  thereby  be  diminished.     Such  leases  shall  i|7f  ;  1^; 
be  upon  such  terms  as  the  directors  agree,  and  as  a  majority  in 
interest  of  the  stockholders  of  both  corporations  at  meetings 
called  for  the  purpose  approve,  subject  to  the  provisions  of  sec-  iss*.  soe,  §  i. 
tion  [two  hundred  and  seven.]  sixty-seven  of  Part  I  of  this  act.  §  276. 
The   income   arising   from   such   contracts   or   leases    shall   be  5  Alien?  230.  ' 
subject  to  the  provisions  of  law  relative  to  the  right  of  the  8Allen>438- 


140 


PART  II.  —  OF   RAILROAD   CORPORATIONS. 


[1  Op.  A.  G. 
118.] 

Amended. 
1907,  685,  §  8. 
[For  "Merger" 
bill,  see  pp. 
43-46.] 


Term  of  lease 
not  to  exceed 
ninety-nine 
years,  etc. 
1880,  205,  §  2. 
P.  S.  112, 
§222. 
R.  L.  Ill, 
§277. 


commonwealth  to  purchase  the  railroads  of  the  railroad  corpora- 
tions or  to  reduce  their  tolls,  in  the  same  manner  as  that  aris- 
ing from  the  use  of  the  railroads.  Copies  of  such  contracts  or 
leases  shall  be  deposited  with  the  board  of  railroad  commission- 
ers, and  full  statements  of  the  facts  shall  be  set  forth  in  the 
next  annual  return  of  such  corporations.  The  provisions  of  this 
section  shall  not  authorize  a  lease  or  contract  between  two  rail- 
road corporations,  each  of  which  has  a  terminus  in  the  city  of 
Boston.  The  railroads  of  two  railroad  corporations  shall  be 
considered  to  enter  upon  or  connect  with  each  other,  within  the 
meaning  of  this  section,  if  one  of  such  railroads  enters  upon, 
connects  with,  or  intersects  a  railroad  leased  to  the  other  or 
operated  by  it  under  a  contract  as  herein  authorized. 

SECTION  210.  A  railroad  corporation  shall  not  lease  or  con- 
tract for  the  operation  of  its  railroad  for  a  period  of  more  than 
ninety-nine  years  without  the  consent  of  the  general  court;  but 
the  provisions  of  this  section  shall  not  render  invalid  a  lease 
which  was  approved  by  the  stockholders  of  a  corporation  before 
the  first  day  of  July  in  the  year  eighteen  hundred  and  eighty. 


Annual 
returns  to  tax 
commissioner. 
1864,  208, 
§§2,3. 

.  1865,  283,  §  3. 
1880,  117,  §  2. 
P.  S.  13,  §  38. 

1885,  238,  §  1. 

1886,  270. 
1888,  413,  §  24. 
1898,417;578, 
§2. 

R.  L.  14,  §  37. 
12  Allen,  75. 
98  Mass.  25. 
139  Mass.  561. 
144  Mass.  598. 
146  Mass.  408. 
157  Mass.  70. 
[1  Op.  A.  G. 
278.] 
Amended. 
1909,  440,  §  2. 


Valuation  of 
corporate  fran- 
chise, etc. 
Deductions. 

1864,  208, 
§§5,6. 

1865,  283, 
§§4,5. 

1880,  117,  §  2. 
P.  S.  13, 

§§  39,  40. 

1885,  238,  §  1. 

1886,  270. 
1898,417. 

R.  L.  14,  §  38. 

13  Allen,  391. 

98  Mass.  19,25. 

100  Mass.  184, 

399. 

125  Mass.  568. 


Corporate  Franchise  Tax. 

SECTION  211.  Every  railroad  corporation  organized  under 
general  or  special  laws  of  the  commonwealth,  in  addition  to  all 
returns  required  by  its  charter,  shall  annually,  between  the  first 
and  tenth  days  of  [May,]  April,  return  to  the  tax  commissioner, 
under  the  oath  of  its  treasurer,  a  complete  list  of  its  share- 
holders, their  residences,  the  number  of  shares  belonging  to 
each,  the  amount  of  the  capital  stock  of  the  corporation,  its 
place  of  business  and  the  par  value  and  market  value  of  the 
shares  made  up  as  of  said  first  day  of  [May.]  April.  If  stock 
is  held  as  collateral  security,  such  return  shall  state  the  name 
and  residence  of  the  pledgor  and  of  the  pledgee.  It  shall  also 
contain  a  statement  in  detail  of  the  works,  structures,  real  estate 
and  machinery  owned  by  said  corporation  and  subject  to  local 
taxation  within  the  commonwealth,  and  of  the  location  and 
value  thereof.  A  railroad  corporation,  whether  chartered  or 
organized  in  this  commonwealth  or  elsewhere,  shall  also  state  in 
its  return  the  whole  length  of  its  lines,  and  so  much  of  the 
length  of  its  lines  as  is  without  the  commonwealth. 

SECTION  212.  The  tax  commissioner  shall  ascertain  from  the 
returns  or  otherwise  the  true  market  value  of  the  shares  of  each 
railroad  corporation,  and  shall  estimate  therefrom  the  fair  cash 
value  of  all  of  said  shares  constituting  its  capital  stock  on  the 
preceding  first  day  of  [May,]  April,  which,  unless  by  the  charter 
of  the  corporation  a  different  method  of  ascertaining  such  value 
is  provided,  shall,  for  the  purposes  of  this  act,  be  taken  as  the 
true  value  of  its  corporate  franchise.  From  such  value  there 
shall  be  deducted,  in  case  of  a  railroad  corporation,  whether 
chartered  or  organized  in  this  commonwealth  or  elsewhere,  so 
much  of  the  value  of  its  capital  stock  as  is  proportional  to  the 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  141 


length  of  that  part  of  its  line,  if  any,  lying  without  the  com-  137  Mass 


139  Mass 


mon wealth;  and  also  the  value  of  its  real  estate  and  machinery  144  Mass 


157  Mass 


80. 

561. 

598. 

408. 

372. 

70. 

522. 


subject  to  local  taxation  within  the  commonwealth.  is?  Mass 

For  the  purposes  of  this  section,  the  tax  commissioner  may 
take  the  value  at  which  such  real  estate  and  machinery  is  as- 
sessed at  the  place  where  it  is  locat.ed  as  the  true  value,  but  ~*M9, 440,  §  s. 
such  local  assessment  shall  not  be  conclusive  of  the  true  value 
thereof. 

SECTION  213.     The  tax  commissioner  may  require  the  cor- Corporation  to 
poration  to  prosecute  an  appeal  from  the  valuation  of  its  real  fopc^avairu™ 
estate  or  machinery  by  the  assessors  of  a  city  or  town,  either  to  i865,1>83?§  6. 
the  county  commissioners  or  to  the  superior  court,  whose  deci-  Tsgo,  ilvfi?. 
sion  shall  be  conclusive  upon  the  question  of  value.     Upon  such  ^9£-  ^7 ,  39 
appeal  the  tax  commissioner  may  be  heard,  and  in  the  superior 
court  costs  may  be  awarded  as  justice  requires. 

SECTION  214.     Every  railroad  corporation  shall  annually  pay  Tax  to  be  paid 
a  tax:  upon  its  corporate  franchise,  after  making  the  deductions  franchFsT"' 
provided  for  in  section  two  hundred  and  twelve,  at  a  rate  equal  ^£1™™  de~ 
to  the  average  of  the  annual  rates  for  the  three  years  preceding  the  j|6|.  208.  §  |. 
year  in  which  the  assessment  is  laid,  the  annual  rate  to  be  de-  isso!  117!  §  2. 
termined  by  an  apportionment  of  the  whole  amount  of  money  to  isss,  238,  §  i. 
be  raised  by  taxation  upon  property  in  the  commonwealth  dur-  ills!  413!  §  24. 
ing  the  same  year  as  returned  by  the  assessors  of  the  several  R9L.  t^'i  40. 
cities  and  towns  under  the  provisions  of  section  ninety-three  of  2^8Allen' 75> 
chapter  twelve  of  the  Revised  Laws,  and  amendments  thereof,  **  Mass.  19, 25. 

.  .   .  i  ,  .''  99  Mass.  146, 

upon  the  aggregate  valuation  ol  all  cities  and  towns  lor  the  151. 

,.  ,  .  .  j      .  ,  105  Mass.  527. 

preceding  year  as  returned  under  sections  sixty  and  sixty-one  or  135  Mass.  509. 
said  chapter  and  amendments  thereof;  but  if  the  return  from  any  139  Mass!  lei. 
city  or  town  is   not   received   [prior  to  the  twentieth  day  of] 
on  or  before  the  first  Monday  of  August,  the  amount  raised  by 
taxation  in  said  city  or  town  for  the  preceding  year,  as  certified  178  u.  "s.  120. 
to  [said  secretary  of  the  commonwealth,]  the  tax  commissioner  imZ/is.li. 
may  be  adopted  for  the  purpose  of  this  determination.    The 
amount  of  tax  assessed  upon  polls  for  the  preceding  year,  as 
certified  to  [said  secretary]  the  tax  commissioner,  may  be  taken 
as  the   amount  of  poll  tax  to  be  deducted  from  the  whole 
amount  to  be  raised  by  taxation,  in  ascertaining  the  amount  to 
be  raised  upon  property. 

Acts  of  1909,  Chapter  513,  §  1. 
An  Act  relative  to  the  Apportionment  Rate  of  Corporate  Franchise  Taxes. 

SECTION  1.    Section  two  hundred  and  fourteen  of  Part  II  of  chapter  1906,463, 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  Amended? 
and  six  is  hereby  amended  by  inserting  after  the  word  "rate",  in  the 
fourth  line,  the  words :  — •  equal  to  the  average  of  the  annual  rates  for 
the  three  years  preceding  the  year  in  which  the  assessment  is  laid,  the 
annual  rate  to  be,  —  by  inserting  after  the  word  "Laws",  in  the  ninth 
line,  the  words :  —  and  amendments  thereof,  —  by  inserting  after  the 
word  "chapter",  in  the  eleventh  line,  the  words:  —  and  amendments 
thereof,  —  by  striking  out  the  words  "prior  to  the  twentieth  day  of", 
in  the  twelfth  and-  thirteenth  lines,  and  inserting  in  place  thereof  the 


142 


PAKT   II. 


OF   RAILROAD   CORPORATIONS. 


words :  — •  on  or  before  the  first  Monday  of,  —  by  striking  out  the  words 
"said  secretary  of  the  commonwealth",  in  the  fifteenth  line,  and  insert- 
ing in  place  thereof  the  words :  —  the  tax  commissioner,  —  and  by  strik- 
ing out  the  words  "said  secretary",  in  the  eighteenth  line,  and  inserting 
in  place  thereof  the  words :  —  the  tax  commissioner,  —  so  as  to  read 
as  follows:  —  Section  214-  [For  §  214  as  amended,  see  above.] 


Assessors  tri- 
ennially  to  de- 
posit with  the 
secretary  of 
the  common- 
wealth copies 
of  valuation 
books. 

1861,  167,  §  3. 
1864,  210,  §  1. 
P.  S.  11,  §  55. 
1883,  91. 
1894,  318. 
See  1908,  314. 
1912  %2% 


Revised  Laws,  Chapter  12,  §  61. 

SECTION  61.  The  assessors  of  cities  and  towns,  except  the  city  of 
Boston,  shall,  on  or  before  the  first  day  of  October  in  the  year  nineteen 
hundred  and  four  and  in  every  third  year  thereafter,  deposit  in  the  office 
of  the  secretary  of  the  commonwealth,  in  books  to  be  by  him  provided 
for  the  purpose,  a  copy  of  the  assessors'  valuation-books  of  those  years, 
to  be  by  them  certified  under  oath.  Said  assessors  shall  also  annually, 
on  or  before  the  first  day  of  October,  and  the  assessors  of  the  city  of 
Boston,  on  or  before  the  first  day  of  November,  in  like  manner  deposit 
an  attested  copy  of  the  table  of  aggregates  required  by  the  provisions 
of  the  preceding  section. 


Returns  to  tax 
commissioner 
of  corporate 
property  and 
amount  of 
taxes  laid. 

1864,  208,  §  1. 

1865,  283, 
§§  1,  14. 
P.  S.  11, 
II  86,  87. 

13  Allen,  391. 
1909,  440,  |  2; 
Now  1909, 
490,  Part  I, 
§93. 


Revised  Laws,  Chapter  12,  §  93. 
(As  amended  by  1904,  chapter  191,  and  1906,  chapter  271,  §  11.) 

SECTION  93.  Assessors  shall  annually,  on  or  before  the  first  Monday 
of  July,  return  to  the  tax  commissioner  the  names  of  all  corporations, 
except  banks  of  issue  and  deposit,  having  a  capital  stock  divided  into 
shares,  chartered  by  the  Commonwealth  or  organized  under  the  general 
laws  for  the  purpose  of  business  or  profit  and  established  in  their  respective 
cities  and  towns  or  owning  real  estate  therein,  and  a  statement  in  detail 
of  the  works,  structures,  real  estate  and  machinery  owned  by  each  of 
said  corporations  and  situated  in  such  city  or  town,  with  the  value  thereof, 
on  the  first  day  of  May  preceding,  and  the  amount  at  which  the  same  is 
assessed  in  said  city  or  town  for  the  then  current  year.  They  shall  also, 
on  or  before  the  first  Monday  of  August,  return  to  the  tax  commissioner 
the  amount  of  taxes  laid,  or  voted  to  be  laid,  within  said  city  or  town, 
for  the  then  current  year,  for  state,  county  and  town  purposes.  They 
shall  also,  on  or  before  the  first  Monday  of  August,  return  to  the  tax 
commissioner  the  names  of  all  foreign  corporations  which  have  a  usual 
place  of  business  within  said  city  or  town.  If  the  assessors  neglect  to 
comply  with  the  requirements  of  this  section,  each  assessor  so  neglecting 
shall  forfeit  one  hundred  dollars. 


Remedy  of 
corporation 
when  assess- 
ors' valuation 
of  real  estate 
exceeds  tax 
commission- 
er's. 

1865,  283,  §  6. 
P.  S.  13,  |  41. 
1898,  417. 
R.  L.  14,  |  42. 
137  Mass.  81. 
146  Mass.  403. 
152  Mass.  384. 
167  Mass.  522. 


SECTION  215.  If  the  value  of  the  real  estate  and  machinery 
of  a  railroad  corporation  subject  to  local  taxation  within  the 
commonwealth,  as  determined  by  the  tax  commissioner,  is  less 
than  the  value  thereof  as  determined  by  the  assessors  of  the 
place  where  it  is  situated,  he  shall  give  notice  of  his  determina- 
tion to  such  corporation;  and,  unless  within  one  month  after 
the  date  of  such  notice  it  applies  to  said  assessors  for  an  abate- 
ment, and,  upon  their  refusal  to  grant  an  abatement,  prosecutes 
an  appeal  under  the  provisions  of  section  seventy-seven  of  chap- 
ter twelve  of  the  Revised  Laws,  giving  notice  thereof  to  the  tax 
commissioner,  the  valuation  of  said  commissioner  shall  be  con- 
clusive upon  said  corporation. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  143 


Revised  Laws,  Chapter  12,  §  77. 

SECTION  77.    A  person  aggrieved  by  the  refusal  of  assessors  to  abate  Appeal  to 
a  tax  may,  within  thirty  days  after  receiving  the  notice  provided  in  the  missiraers 
preceding  section,  appeal  therefrom  by  filing  a  complaint  with  the  clerk  1785,  so, 
of  the  county  commissioners,  or  of  any  board  exercising  the  powers  of  R.  s.  7,  ' 


such   commissioners,   for  the  county  in  which  the   property  taxed  is 

situated,  and  if  upon  a  hearing  the  board  finds  that  the  property  has  1857  1  soe!  §  3. 

been  overrated,  it  shall  make  a  reasonable  abatement  and  an  order  as  §§45,46. 

to  costs.     If  the  list  required  to  be  brought  in  to  the  assessors  was  not  ?*  ^  1^ 

brought  in  within  the  time  specified  in  the  notice  required  by  section  1882,218. 

forty-one,  the  tax  shall  not  be  abated  unless  the  appellate  board  finds  e  Alien,  131. 

that  there  was  good  cause  for  the  delay  or  unless  the  assessors  have  so 

found  as  provided  in  section  seventy-four.    No  costs  shall  be  allowed  596. 

to  a  complainant  who  has  failed  to  file  a  list  as  required  by  law.  159  Mass!  s&3. 

193  Mass.  327.  198  Mass.  434.  1909,  490,  Part  I,  §  76.  1911,24%.  182  Mass.  298. 

Exemption  and  Apportionment. 

SECTION  216.  No  taxes  shall  be  assessed  in  a  city  or  town  Exemption 
for  state,  county  or  town  purposes,  upon  the  shares  in  the  cap-  ta^tion*! 
ital  stock  of  a  railroad  corporation  for  any  year  for  which  it  ment.rtl°n 
pays  to  the  treasurer  and  receiver  general  a  tax  on  its  corporate  ^6|'  j^8- 
franchise.  Such  proportion  of  the  tax  collected  of  each  rail-  ises,  283.  §  is. 
road  corporation  as  corresponds  to  the  proportion  of  its  stock  P.  s.'  13,  §  57.' 

1  007    22S 

owned  by  persons  residing  in  this  commonwealth  shall  be  dis-  isss,  413;  §  23. 
tributed,  credited  and  paid  to  the  several  cities  and  towns,  in  §§94,'2617:578> 
which,  from  the  returns  or  other  evidence,  it  appears  that  such  J9,™;  \  \l'  |  \ 
persons   resided  on  the  preceding  first  day  of   [May,]   April, 


according  to  the  number  of  shares  so  held  in  such  cities  and  139  Mass.  559. 

towns  respectively.     If  stock  is  held  by  co-partners,  guardians,  1000,440,  if. 

executors,    administrators   or   trustees,   the   proportion   of   tax 

corresponding  to  the  amount  of  stock  so  held  shall  be  credited 

and  paid  to  the  cities  and  towns  where  the  stock  would  have 

been  taxed  under  the  provisions  of  clauses  four,  five,  six  and 

seven  of  section  twenty-three  and  section  twenty-seven  of  chap- 

ter twelve  of  the  Revised  Laws.     If  a  city  or  town  owns  such 

stock,  a  return  to  said  city  or  town  shall  be  made  as  if  it  were 

owned  by  persons  resident  therein. 

Revised  Laws,  Chapter  12,  §  23,  cl.  4-7,  §  27. 

SECTION  23.    All  personal  estate,  within  or  without  the  common-  Assessment 
wealth,  shall  be  assessed  to  the  owner  in  the  city  or  town  in  which  he  is  estate8°nal 
an  inhabitant  on  the  first  day  of  May,  except  as  provided  in  chapter  isso,  i5i,§2. 
fourteen  and  in  the  following  clauses  of  this  section:  —  §§9,'  16. 

1839,  139,  §  2.  6  Gray,  579.  104  Mass.  587.  132  Mass.  93. 

G.  S.  11,  §  12.  7  Gray,  277.  109  Mass.  270.  135  Mass.  258. 

P.  S.  11,  §20.  9  Gray,  433.  112  Mass.  384.  137  Mass.  332. 

I  Met.  242,  250.  13  Gray,  488.  124  Mass.  143.  158  Mass.  461. 
4  Met.  181.  16  Gray,  292,  337.  125  Mass.  348.  1902,  342,  §  1. 
10  Cush.  65.  9  Allen,  246.  126  Mass.  161,  166.  1909,  439,  §  1. 

II  Cush.  362.  14  Allen,  366.  131  Mass.  424.  1909,  440,  §  «. 
3  Gray,  494.                     103  Mass.  279. 

Fourth,  Personal  property  belonging  to  persons  under  guardianship  Property  of 
shall  be  assessed  to  the  guardian  in  the  city  or  town  of  which  the  ward  gua^ansh?" 
is  an  inhabitant  unless  the  ward  resides  and  has  his  home  without  the  R.  s.  7,  §  10, 

cl.  4. 


144 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


1855,  106. 
1859,  258. 
G.  8.  11,  §  12. 
cl.  4. 

Trust 

property. 

R.  S.  7,  §  10, 

cl.  5. 

G.  S.  11,  §  12, 

cl.  5. 

P.  S.  11,  §  20, 

cl.  5. 

1894,  490. 

5  Cush.  93. 

6  Gray,  132. 
6  Allen,  277. 
105  Mass.  528. 
124  Mass.  194. 
140  Mass.  346. 
145  Mass.  111. 
147  Mass.  431. 
165  Mass.  287. 


Personal 
property  held 
as  an  accumu- 
lating fund. 
R.  S.  7,  §  10, 
cl.  6. 

G.  S.  11,  §  20, 
cl.  6.  " 

P.  S.  11.  §  20, 
cl.  6. 


—  of 

decedents. 

R.  S.  7,  §  10, 

cl.  7. 

1848,  235. 

1852,  234. 

G.  S.  11,  §  12, 

cl.7. 

1878,  189,  §  2. 

P.  S.  11,  §  20, 

cl.7. 

5  Pick.  236. 
4  Cush.  1. 

6  Allen,  277. 
97  Mass.  322. 
102  Mass.  348. 
123  Mass.  376. 
149  Mass.  63. 
154  Mass.  143. 


Partners, 
how  taxed. 
R.  S.  7,  §  13. 
1859,  114. 
G.  S.  11,  §  15. 
P.  S.  11,  §  24. 
9  Cush.  298. 
7  Gray,  132. 
14  Allen.  366. 
105  Mass.  526. 
Ill  Mass.  322. 


commonwealth,  in  which  case  it  shall  be  taxed  to  the  guardian  in  the 
city  or  town  of  which  he  is  an  inhabitant.  P.  s.  11,  §  20,  cl.  4. 

2  Gray,  494.  4  Allen,  462.  105  Mass.  528.  145  Mass.  111. 

Fifth,  Personal  property  held  in  trust  by  an  executor,  administrator 
or  trustee,  the  income  of  which  is  payable  to  another  person,  shall  be 
assessed  to  the  executor,  administrator  or  trustee  in  the  city  or  town  in 
which  such  other  person  resides,  if  within  the  commonwealth;  and  if  he 
resides  out  of  the  commonwealth  it  shall  be  assessed  in  the  place  where 
the  executor,  administrator  or  trustee  resides;  and  if  there  are  two  or 
more  executors,  administrators  or  trustees  residing  in  different  places, 
the  property  shall  be  assessed  to  them  in  equal  portions  in  such  places, 
and  the  tax  thereon  shall  be  paid  out  of  said  income.  If  the  executor, 
administrator  or  trustee  is  not  an  inhabitant  of  the  commonwealth, 
it  shall  be  assessed  to  the  person  to  whom  the  income  is  payable,  in 
the  place  where  he  resides,  if  it  is  not  legally  taxed  to  an  executor, 
administrator  or  trustee  under  a  testamentary  trust  in  any  other 
state. 

Sixth,  Personal  property  placed  in  the  hands  of  a  corporation  or 
individual  as  an  accumulating  fund  for  the  future  benefit  of  heirs  or 
other  persons  shall  be  assessed  to  such  heirs  or  persons,  if  within  the 
commonwealth,  otherwise  to  the  person  so  placing  it,  or  his  executors 
or  administrators,  until  a  trustee  is  appointed  to  take  charge  of  such 
property  or  of  the  income  thereof.  13  Alien,  267.  121  Mass.  351. 

123  Mass.  355.  124  Mass.  193.  147  Mass.  427. 

Seventh,  Personal  property  of  deceased  persons  shall  be  assessed  in 
the  city  or  town  in  which  the  deceased  last  dwelt.  Before  the  appoint- 
ment of  an  executor  or  administrator  it  shall  be  assessed  in  general  terms 
to  the  estate  of  the  deceased,  and  the  executor  or  administrator  sub- 
sequently appointed  shall  be  liable  for  the  tax  so  assessed  as  though 
assessed  to  him.  After  such  appointment  it  shall  be  assessed  to  such 
executor  or  administrator  for  three  years  or  until  it  has  been  distributed 
and  notice  of  such  distribution  has  been  given  to  the  assessors  stating 
the  name  and  residence  of  the  several  parties  interested  in  the  estate 
who  are  inhabitants  of  the  commonwealth  and  the  amount  paid  to  each. 
After  three  years  from  the  date  of  such  appointment  it  shall  be  assessed 
according  to  the  provisions  of  clause  five  of  this  section. 

161  Mass.  9.  176  Mass.  77. 

SECTION  27.  Partners,  whether  residing  in  the  same  or  in  different 
cities  or  towns,  may  be  jointly  taxed  under  their  firm  name,  in  the  place 
where  their  business  is  carried  on,  for  all  the  personal  property  employed 
in  such  business,  except  ships  or  vessels.  If  partners  have  places  of 
business  in  two  or  more  towns,  they  shall  be  taxed  in  each  of  such  places 
for  the  proportion  of  property  employed  therein.  If  so  jointly  taxed, 
each  partner  shall  be  liable  for  the  whole  tax. 


125  Mass.  351. 
130  Mass.  144. 


133  Mass.  499. 
137  Mass.  227. 


140  Mass.  346. 
163  Mass.  444. 


172  Mass.  383,  464. 


Tax  commis- 
sioner to  deter- 
mine amounts 
due  to  cities 
and  towns. 
1865,  283,  §  15. 
P.  S.  13,  §  58. 
1898,  578, 
§§4,5. 

R.  L.  14,  §  62. 
212  Mass.  437. 


SECTION  217.  The  tax  commissioner  shall,  subject  to  appeal 
to  the  board  of  appeal,  ascertain  and  determine  the  amount  due 
to  each  city  and  town  under  the  provisions  of  the  preceding 
section,  notify  the  treasurer  of  each  city  and  town  thereof,  and 
certify  the  amount  as  finally  determined  to  the  treasurer  and 
receiver  general,  who  shall  thereupon  pay  over  the  same. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  145 

Acts  of  1909,  Chapter  490,  Part  III,  §§  39,  40. 
TAXATION   OP   CORPORATE   FRANCHISES. 

SECTION  39.    The  term  "domestic  business  corporation"  as  used  in  Definitions, 
this  act  shall  mean  every  corporation  of  the  classes  enumerated  in  sec-  g?Q0>  38°'  4o6> 
tion  one  of  chapter  four  hundred  and  thirty-seven  of  the  acts  of  the  year 
nineteen  hundred  and  three;  the  term  "foreign  corporation"  shall  mean 
every  corporation,  association  or  organization  of  the  classes  enumerated 
in  section  fifty-eight  of  said  chapter. 

SECTION  40.     Every  corporation  organized  under  the  general  or  special  Annual  returns 
laws  of   the  commonwealth  for  purposes  of  business  or  profit,  having  a  missioner. 
capital  stock  divided  into  shares,  except  banks,  whose  shares  are  other-  §|62,'308' 
wise  taxable  under  the  provisions  of  this  part,  in  addition  to  all  returns  i||5. 283,  §  3. 
required  by  its  charter,  and  in  addition  to  all  returns  otherwise  required  isss!  238,  §  i. 
under  the  provisions  of  this  part,  shall  annually,  between  the  first  and  }ff||  ±™-  §  24 
tenth  days  of  [May,]  April  make  a  return  to  the  tax  commissioner,  if28>A17; 
under  oath  of  its  treasurer,  stating  the  name  of  the  corporation,  its  place  R.  L.  u,  §  37. 
of  business,  and  setting  forth  as  of  the  first  day  of  [May]  April  of  the  J^gj  ^  |  ^ 
year  in  which  the  return  is  made:  —  p906>T4T63s  911 

First,  The  total  authorized  amount  of  the  capital  stock  of  the  corpora-  part  ni'., 
tion;    the  amount  issued  and  outstanding  and  the  amount  then  paid  |  j|5;  51G> 
thereon;  the  classes,  if  any,  into  which  it  is  divided;  the  par  value  and  12  Alien,  75. 
number  of  its  shares;   the  market  value  of  the  shares  of  its  stock,  or  of  139  Mass.  501. 
each  class  of  its  stock,  if  there  are  two  or  more  classes.  J44.  j^J-  ^ 

Second,  A  statement  in  such  detail  as  the  tax  commissioner  may  require  157  Mass.  70. 
of  the  works,  structures,  real  estate,  machinery,  underground  conduits,  sor  Mass,  sse, 
wires  and  pipes,  owned  by  said  corporation  and  subject  to  local  taxation  ff  Qp*|'  Q 
within  the  commonwealth,  and  of  the  location  and  value  thereof;  and,  278.] 
in  the  case  of  domestic  business  corporations,  of  the  merchandise  and  s»»l9li,S79. 
other  assets  belonging  to  the  corporation  within  and  without  the  com-  j^'jl/2  695 
monwealth. 

Third,  And  [except  as  to  street  railway  companies]  a  complete  list  of  Amended, 
the  shareholders  of  the  corporation,  their  residences,  and  the  amount  and 
class  of  stock,  if  more  than  one,  belonging  to  each.     If  stock  is  held  as 
collateral  security,  the  list  shall  state  the  name  and  residence  of  the 
pledger  and  of  the  pledgee. 

Railroad  corporations  and  telegraph,  street  railway,  and  electric  rail-  Amended, 
road  companies,  whether  chartered  or  organized  in  this  commonwealth 
or  elsewhere,  shall  also  state  in  their  return  the  whole  length  of  their 
lines  and  so  much  of  the  length  of  their  lines  as  is  without  the  common- 
wealth; electric  railroad  companies  shall  also  return  so  much  of  their 
line  as  is  constructed  on  private  land ;  street  railway  and  electric  railroad 
companies  shall  also  state  in  their  return  the  length  of  track  operated  by 
them  in  each  city  or  town  on  the  [thirtieth  day  of  September]  thirty-first 
day  of  March  preceding  the  return,  to  be  determined  by  measuring  as 
single  track  the  total  length  of  all  tracks  operated  by  them,  including 
sidings  and  turn-outs,  whether  owned  or  leased  by  them  or  over  which 
they  have  trackage  rights  only,  and  the  amount  of  dividends  paid  on 
their  capital  stock  during  the  year  ending  on  [such  preceding  thirtieth 
day  of  September,]  the  thirtieth  day  of  September  preceding  the  return  and 
during  each  year  from  the  organization  of  the  company.  Telephone 
companies  organized  under  the  general  or  special  laws  of  this  common- 
wealth, and  manufacturing,  owning,  using,  selling  or  licensing  others  to 
use  telephones  or  other  apparatus  or  appliances  pertaining  thereto  wholly 
or  partially  within  this  commonwealth,  and  all  such  companies  incor- 


146  PART   II.  —  OF   RAILROAD   CORPORATIONS. 

porated  without  the  commonwealth  for  the  purpose  of  establishing,  own- 
ing or  licensing  others  to  use  such  telephones,  apparatus  or  appliances, 
but  having  in  use  within  it  any  of  their  lines  or  telephones,  shall  also 
state  in  their  return,  in  such  form  as  the  tax  commissioner  may  require, 
the  facts  necessary  to  ascertain  the  deductions  authorized  by  the  following 
section.  Such  domestic  companies  may  annually,  between  the  first  and 
tenth  days  of  [May,]  April  make  a  return  to  the  tax  commissioner,  signed 
and  sworn  to  by  their  president,  treasurer  and  clerk,  specifying  the  amount 
and  market  value  of  all  stocks  in  other  corporations  held  by  them  upon 
which  a  tax  has  been  assessed  and  actually  paid  either  in  this  or  in  any 
other  state  for  the  year  preceding  the  date  of  said  return;  and  the  books, 
accounts  and  papers  of  such  corporations  shall  be  examined  by  the  tax 
commissioner  so  far  as  may  be  necessary  for  the  verification  of  said 
return.  Other  corporations  required  to  make  a  return  under  the  pro- 
visions of  this  section  shall  also  state  therein  the  amount,  value  and  loca- 
tion of  all  works,  structures,  real  estate,  machinery,  underground  conduits, 
wires  and  pipes  owned  by  them  and  subject  to  local  taxation  without  the 
commonwealth.  Such  return  shall  be  filed  by  the  tax  commissioner,  and 
shall,  in  the  case  of  said  domestic  business  corporations,  be  open  only  to 
the  inspection  of  the  tax  commissioner,  his  clerks  and  assistants,  and 
such  other  officers  of  the  commonwealth  as  may  have  occasion  to  inspect 
it  for  the  purpose  of  assessing  or  collecting  taxes. 

Acts  of  1912,  Chapter  124. 

An  Act  relative  to  Returns  of  Street  Railway  Companies  filed  in  the  Office 
of  the  Tax  Commissioner. 

1909,490,  Clause  Third  of  section  forty  of  Part  III  of  chapter  four  hundred  and 

ci.  3,  amended!  ninety  of  the  acts  of  the  year  nineteen  hundred  and  nine  is  hereby  amended 
by  striking  out  the  words  "except  as  to  street  railway  companies",  in  the 
first  line,  —  so  that  the  first  paragraph  of  the  said  clause  will  read  as  fol- 
lows:— Third,  And  a  complete  list  of  the  shareholders  of  the  corporation, 
their  residences,  and  the  amount  and  class  of  stock,  if  more  than  one, 
belonging  to  each.  If  stock  is  held  as  collateral  security,  the  list  shall 
state  the  name  and  residence  of  the  pledger  and  of  the  pledgee.  [Approved 
February  20,  1912. 

Acts  of  1912,  Chapter  457. 
An  Act  relative  to  Tax  Returns  of  Street  Railway  Companies. 

i9oe,  490,  SECTION  1.    The  last  paragraph  of  section  forty  of  Part  III  of  chapter 

amended!  '  four  hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
as  amended  by  chapter  three  hundred  and  seventy-nine  of  the  acts  of  the 
year  nineteen  hundred  and  eleven,  is  hereby  further  amended  by  striking 
out  the  words  "thirtieth  day  of  September",  in  the  tenth  line,  and  insert- 
ing in  place  thereof  the  words :  —  thirty-first  day  of  March,  —  and  also 
by  striking  out  the  words  "such  preceding  thirtieth  day  of  September", 
in  the  sixteenth  and  seventeenth  lines,  and  inserting  in  place  thereof  the 
words :  —  the  thirtieth  day  of  September  preceding  the  return,  —  so  that 
the  said  paragraph  will  read  as  follows:  [For  paragraph  as  amended,  see 
above.] 

Acts  of  1909,  Chapter  490,  Part  III,  §§  41-43. 
VALUATION  OF   CORPORATE  FRANCHISES. 

Valuation  of  SECTION  41.    The  tax  commissioner  shall  ascertain  from  the  returns 

fraTchfse6,  etc.  or  otherwise  the  true  market  value  of  the  shares  of  each  corporation  sub- 

^ductixms.  jec;fc  to  ^he  requirements  of  the  preceding  section,  and  shall  estimate 

§§  5,' 6. "  therefrom  the  fair  cash  value  of  all  of  said  shares  constituting  its  capital 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  147 

stock  on  the  preceding  first  day  of  May,  which,  unless  by  the  charter  of  i|6|.  283, 
a  corporation  a  different  method  of  ascertaining  such  value  is  provided,  isso'.'m,  §  2. 
shall,  for  the  purposes  of  this  part,  be  taken  as  the  true  value  of  its  cor-  §*j  fg^o. 
porate  franchise.     From  such  value  there  shall  be  deducted:  1885/238,  §  i. 

First,  In  case  of  a  railroad  corporation,  or  telegraph,  street  railway  or  i89s!  417! 
electric  railroad  company,  whether  chartered  or  organized  in  this  com-  ^'02,'  342,§§3f.' 
monwealth  or  elsewhere,  so  much  of  the  value  of  its  capital  stock  as  is  isoa',  437!  §  72. 
proportional  to  the  length  of  that  part  of  its  line,  if  any,  lying  without  Part'n.,  §  212, 
the  commonwealth;    and  also  the  value  of  its  works,  structures,  real  fi^ePsie,  §  is. 


estate,  machinery,    underground  conduits,  wires  and  pipes,  subject  to  190T;!395oq1 
local  taxation  within  the  commonwealth.  98  Mass!  19, 

Second,  In  case  of  such  a  domestic  telephone  company,  the  amount  ^  Mass  184> 
and  market  value  of  all  stock  in  other  corporations  held  by  it  upon  which  399. 
a  tax  has  been  paid  in  this  or  other  states  for  the  twelve  months  last  pre-  137  Mass'  to8' 
ceding  the  date  of  the  return;    and  in  case  of  such  a  foreign  telephone  J^s  Mass.  56  1. 
company,  so  much  of  the  value  of  its  capital  stock  as  is  proportional  to  u 
the  number  of  telephones  used  or  controlled  by  it  or  under  any  letters  {52  Mass!  372! 
patent,  owned  or  controlled  by  it  without  the  commonwealth.     In  case  J5.7,  £Jass-  ™ 
of  a  telephone  company,  whether  chartered  or  organized  in  this  com-  1  78  Mass!  469'. 
monwealth  or  elsewhere,  the  value  of  its  works,  structures,  real  estate,  Ti^Mall'.^' 
machinery,  underground  conduits,  wires  and  pipes,  subject  to  local  taxa-  jjL;59'  160> 
tion  within  the  commonwealth.  i6s'  u.  s.  i. 

Third,  In  case  of  a  domestic  business  corporation,  the  value  of  the  Amended.  See 
works,  structures,  real  estate,  machinery,  poles,  underground  conduits,  j^-  1™'  and 
wires  and  pipes  owned  by  it  within  the  commonwealth  subject  to  local 
taxation,  and  of  securities  which  if  owned  by  a  natural  person  resident 
in  this  commonwealth  would  not  be  liable  to  taxation;  also  the  value  of 
its  property  situated  in  another  state  or  country  and  subject  to  taxation 
therein;  but  the  tax  commissioner  in  determining  for  the  purposes  of 
taxation  the  value  of  the  corporate  franchise  of  any  such  corporation 
shall  not  take  into  consideration  any  debts  of  such  corporation  unless  the 
returns  required  from  it  contain  a  statement  duly  signed  and  sworn  to, 
setting  forth  that  no  part  of  such  debts  was  incurred  for  the  purpose  of 
reducing  the  amount  of  taxes  to  be  paid  by  it. 

Fourth,  In  case  of  corporations  subject  to  the  requirements  of  the  pre- 
ceding section,  other  than  railroad  corporations,  telegraph,  telephone, 
street  railway  and  electric  railroad  companies,  whether  chartered  or  or- 
ganized in  this  commonwealth  or  elsewhere,  and  of  domestic  business 
corporations,  the  value  as  found  by  the  tax  commissioner  of  their  works, 
structures,  real  estate,  machinery,  underground  conduits,  wires  and 
pipes,  subject  to  local  taxation  wherever  situated. 

For  the  purposes  of  this  section  the  tax  commissioner  may  take  the 
value  at  which  such  works,  structures,  real  estate,  machinery,  poles, 
underground  conduits,  wires  and  pipes  are  assessed  at  the  place  where 
they  are  located  as  the  true  value,  but  such  local  assessment  shall  not  be 
conclusive  of  the  true  value  thereof. 

SECTION  42.    The   tax   commissioner  may  require  a  corporation  to  Corporation 
prosecute  an  appeal  from  the  valuation  of  its  works,  structures,  real  i°ctF^a1uat?on, 
estate,  machinery,  poles,  underground  conduits,  wires  and  pipes  by  the  w^f?-28S 
assessors  of  a  city  or  town,  either  to  the  county  commissioners  or  to  the  p.  8/18,  1  41. 
superior  court,  whose  decision  shall  be  conclusive  upon  the  question  of  J||^|  \2^7'  5  7- 
value.     Upon  such  an  appeal  the  tax  commissioner  may  be  heard,  and  R.  L-  14,  §  39. 
in  the  superior  court  costs  may  be  awarded  as  justice  requires.  1903!  437,'  §  73. 

1906,  463,  Part  II.,  §  213,  Part  III.,  §  127;  516,  §  16. 

SECTION  43.     Every  corporation  subject  to  the  provisions  of  section  Tax  to  be  paid 
forty  shall  annually  pay  a  tax  upon  its  corporate  franchise,  after  mak-  $££%££%?** 


148 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Rate,  how 
determined. 

1864,  208,  §  5. 

1865.  283,  §  5. 
1880,  117,  §2. 
P.  S.  13,  §  40. 

1885,  238,  §  1. 

1886,  270. 
1888,  413,  §  24. 
1898,  417. 

R.  L.  14,  §  40. 
1903,437,  §74. 
1904,261,  §1. 
1906,271.  §|9, 
12;  463, 
Part  II.,  §  214, 
Part  III.,  §  128; 
516,  §  17. 
12  Allen,  75. 
298. 

98  Mass.  19, 
25. 

99  Mass.  146, 
151. 

105  Mass.  527. 
135  Mass.  569. 
137  Mass.  80. 
139  Mass.  561. 
146  Mass.  408. 
157  Mass.  70. 
167  Mass.  522. 
179  Mass.  15. 
192  Mass.  129. 
195  Mass.  385, 
528. 

6  Wallace,  632. 
178  U.  S.  120. 
207  Mass.  386, 
582. 

212  Mass.  40, 
42,  159,161. 


ing  the  deductions  provided  for  in  section  forty-one,  at  a  rate  equal  to 
the  average  of  the  annual  rates  for  three  years  preceding  that  in  which 
such  assessment  is  laid,  the  annual  rate  to  be  determined  by  an  appor- 
tionment of  the  whole  amount  of  money  to  be  raised  by  taxation  upon 
property  in  the  commonwealth  during  the  same  year,  as  returned  by  the 
assessors  of  the  several  cities  and  towns  under  the  provisions  of  section 
ninety-three  of  Part  I,  after  deducting  therefrom  the  amount  of  tax 
assessed  upon  polls  for  the  preceding  year,  as  certified  to  the  tax  commis- 
sioner, upon  the  aggregate  valuation  of  all  cities  and  towns  for  the  pre- 
ceding year,  as  returned  under  sections  fifty-nine  and  sixty  of  Part  I; 
but  the  said  tax  upon  the  value  of  the  corporate  franchise  of  a  domestic 
business  corporation,  after  making  the  deductions  provided  for  in  section 
forty-one,  shah1  not  exceed  a  tax  levied  at  the  rate  aforesaid  upon  an 
amount,  less  said  deductions,  twenty  per  cent  in  excess  of  the  value,  as 
found  by  the  tax  commissioner,  of  the  works,  structures,  real  estate, 
machinery,  underground  conduits,  wires  and  pipes,  and  merchandise,  and 
of  securities  which  if  owned  by  a  natural  person  resident  in  this  common- 
wealth would  be  liable  to  taxation;  and  the  total  amount  of  tax  to  be 
paid  by  such  corporation  in  any  year  upon  its  property  locally  taxed  in 
this  commonwealth  and  upon  the  value  of  its  corporate  franchise  shall 
amount  to  not  less  than  one  tenth  of  one  per  cent  of  the  market  value  of 
its  capital  stock  at  the  time  of  said  assessment  as  found  by  the  tax  com- 
missioner. If  the  return  from  any  city  or  town  is  not  received  prior  to 
the  twentieth  day  of  August,  the  amount  raised  by  taxation  in  said  city 
or  town  for  the  preceding  year,  as  certified  to  the  secretary  of  the  com- 
monwealth, may  be  adopted  for  the  purpose  of  this  determination. 


Taxation  of 
express  com- 
panies, annual 
return  to  tax 
commissioner. 

1907,  586,  §  1. 

1908,  194, 
§§1,3. 

212  Mass.  40, 


Acts  of  1909,  Chapter  490,  Part  III,  §§  72-79. 
EXPRESS   COMPANIES. 

SECTION  72.  Every  person,  company,  partnership  or  association  doing 
an  express  business  on  any  railroad,  railway,  steamboat  or  vessel  in  the 
commonwealth,  shall  annually,  between  the  first  and  tenth  days  of  May, 
make  a  return  to  the  tax  commissioner,  signed  and  sworn  to,  in  the  case 
of  a  corporation  or  association  by  its  treasurer  or  other  financial  officer, 
in  the  case  of  a  partnership  by  a  member  of  the  firm,  and  in  the  case  of 
an  individual  by  the  person  carrying  on  the  business,  stating  the  name 
of  the  person,  company,  partnership  or  association,  and  setting  forth  as 
of  the  first  day  of  May  in  the  year  in  which  the  return  is  made :  — 

First.  The  total  amount  of  the  outstanding  capital  of  the  person,  com- 
pany, partnership  or  association;  the  classes  of  stock,  if  any,  into  which 
it  is  divided;  the  par  value  and  number  of  the  shares;  the  market  value 
of  its  shares  and  of  each  class  thereof,  if  there  are  two  or  more  classes. 

Second.  The  amount  and  par  and  market  value  of  all  bonds  issued  by 
such  person,  company,  partnership  or  association,  together  with  the 
amount  of  the  unfunded  debt,  if  any,  and  such  analysis  as  the  tax  com- 
missioner may  require  of  the  purposes  for  which  said  unfunded  debt  was 
incurred. 

Third.  A  statement  in  such  detail  as  the  tax  commissioner  may  require 
of  the  real  estate,  machinery,  merchandise  and  other  property  belonging 
to  the  person,  company,  partnership  or  association,  together  with  the 
location  and  value  thereof  and  the  amount  of  taxes  paid  thereon  to  the 
various  cities  and  towns  in  the  commonwealth  for  the  twelve  months 
preceding  said  first  day  of  May;  also  the  gross  earnings  within  the  com- 
monwealth, and  the  total  gross  earnings  for  the  twelve  months  preceding 
said  first  day  of  May,  and  securities  not  liable  to  taxation,  with  the  value 


PAKT   II.  —  OF   RAILROAD   CORPORATIONS.  149 

thereof.  Such  return  shall  be  filed  with  the  tax  commissioner,  and  shall 
be  open  only  to  the  inspection  of  the  tax  commissioner,  his  clerks  and 
assistants,  and  such  other  officers  of  the  commonwealth  as  may  have 
occasion  to  inspect  it  for  the  purpose  of  assessing  or  of  collecting  taxes. 

SECTION  73.     If  such  person,  company,  partnership  or  association  fails  Notice  of  fail- 
to  file  said  return  before  the  tenth  day  of  May  of  each  year,  the  tax  com-  "erteu*°  make 
missioner  shall  give  notice  by  mail,  postage  prepaid,  to  such  person,  Penalty, 
company,  partnership  or  association  of  the  default.     If  the  return  is  not        '  ' 

filed  within  thirty  days  after  such  notice  of  default  has  been  given,  the 
party  in  default  shall  forfeit  to  the  commonwealth  not  less  than  five  nor 
more  than  ten  dollars  for  each  day  for  fifteen  days  after  the  expiration 
of  the  said  thirty  days,  and  not  less  than  ten  nor  more  than  two  hun- 
dred dollars  for  each  day  thereafter  during  which  such  default  continues. 

SECTION  74.     Penalties  or   forfeitures   incurred  by  failure  to  comply  Forfeitures, 
with  the  provisions  of  the  preceding  sections  may  be  recovered  in  an  1907  I^Ta1" 
action  brought  in  the  county  of  Suffolk  in  the  name  of  the  commonwealth, 
or  may  be  recovered  by  an  information  in  equity  in  the  name  of  the 
attorney-general,  at  the  relation  of  the  tax  commissioner,  brought  in  the 
supreme  judicial  court  in  the  county  of  Suffolk.    Upon  such  information, 
the  court  may  issue  an  injunction  restraining  the  further  prosecution  of  the 
business  of  the  person,  company,  partnership  or  association  named  therein 
until  such  penalties  or  forfeitures,  with  interest  and  costs,  have  been 
paid,  and  until  the  return  required  by  section  seventy-two  has  been  filed. 

SECTION  75.     The  tax  commissioner  shall  ascertain  from  the  returns  or  Tax  com- 
otherwise  the  true  market  value  of  the  shares  and  bonds  of  every  such  esttma'teVaiue 
person,  company,  partnership  or  association,  and  such  part  of  the  un-  ^L^p^- 
funded  debt  as  he  may  determine  to  have  been  incurred  for  the  purposes 
of  construction  or  permanent  equipment  or  improvement,  and  shall  esti- 
mate therefrom  the  fair  cash  value  of  all  the  said  shares,  bonds  and 
unfunded  debt  as  herein  specified,  constituting  its  capital  on  the  preced- 
ing first  day  of  May. 

SECTION  76.  The  tax  commissioner  shall  thereupon  in  each  year  levy  Excise  tax. 
an  excise  tax  upon  every  such  person,  company,  partnership  or  associa-  i907le586d§  5 
tion,  upon  the  fair  cash  value  of  such  proportion  of  his  or  its  capital,  %12  Mass.  40. 
bonds  and  unfunded  debt  determined  as  above,  after  deducting  there- 
from the  value  of  the  real  estate,  machinery,  merchandise  and  other 
property  belonging  to  the  person,  company,  partnership  or  association, 
within  the  commonwealth  and  subject  to  taxation  in  the  various  cities 
and  towns  thereof,  together  with  the  value  of  securities  owned  by  him 
or  it  and  not  liable  to  local  taxation,  as  the  gross  earnings  of  the  said 
person,  company,  partnership  or  association  within  the  state,  bear  to 
his  or  its  total  gross  earnings,  at  a  rate  equal  to  the  average  of  the  annual 
rates  for  the  three  years  preceding  that  in  which  the  assessment  is  made, 
the  annual  rate  to  be  determined  by  an  apportionment  of  the  whole 
amount  of  money  to  be  raised  by  taxation  upon  property  in  the  com- 
monwealth during  the  same  year  as  returned  by  the  assessors  of  the  sev- 
eral cities  and  towns  under  the  provisions  of  section  ninety-three  of  Part 
I,  after  deducting  therefrom  the  tax  assessed  upon  polls  for  the  preceding 
year,  as  certified  to  the  secretary  of  the  commonwealth,  upon  the  aggre- 
gate valuation  of  all  cities  and  towns  for  the  preceding  year  as  returned 
under  sections  fifty-nine  and  sixty  of  Part  I. 

For  the  purposes  of  this  section  the  tax  commissioner  may  take  the 
value  at  which  the  real  estate,  machinery,  merchandise  and  other  prop- 
erty are  assessed  at  the  place  where  they  are  located  as  the  true  value, 
but  such  local  assessment  shall  not  be  conclusive  of  the  true  value  thereof. 
The  tax  commissioner  may  require  the  person,  company,  partnership  or 


150 


PART   II. OF   RAILROAD   CORPORATIONS. 


Notice  to  be 
given  of 
amount  of  tax. 
1907,  586,  §  6. 


Assessors  to 
make  return  to 
tax  commis- 
sioner. 
1907,  586,  §  7. 


To  submit 
books  to  in- 
spection and 
officers  to  ex- 
amination. 
1908,  194,  §  2. 


association  to  prosecute  an  appeal  from  the  valuation  of  the  real  estate, 
machinery,  merchandise  or  other  property  by  the  assessors  of  the  city  or 
town  either  to  the  county  commissioners  or  to  the  superior  court,  whose 
decision  shall  be  conclusive  upon  the  question  of  value.  Upon  such 
appeal  the  tax  commissioner  may  be  heard,  and  in  the  superior  court 
costs  may  be  awarded  as  justice  requires. 

SECTION  77.  The  tax  commissioner  shall  annually,  as  soon  as  may  be 
after  the  first  Monday  of  August,  give  notice  to  every  such  person  and 
to  the  treasurer  of  every  such  company,  partnership  or  association  which 
is  liable  to  taxation  under  the  provisions  of  the  preceding  section  of  the 
amount  thereof;  that  it  will  be  due  and  payable  to  the  treasurer  and 
receiver  general  within  thirty  days  after  the  date  of  such  notice,  but 
not  before  the  twentieth  day  of  October ;  and  that,  within  ten  days  after 
the  date  of  such  notice,  the  person,  company,  partnership  or  association 
may  apply  for  a  correction  of  said  tax  and  be  heard  thereon  by  the  board 
of  appeal  authorized  by  the  provisions  of  section  sixty-eight  of  this 
part. 

SECTION  78.  Assessors  shall  annually  on  or  before  the  first  Monday 
in  August  return  to  the  tax  commissioner  a  list  of  the  real  estate,  mer- 
chandise and  other  property  of  the  persons,  concerns  or  companies  doing 
an  express  business  as  aforesaid,  and  in  such  form  and  detail  as  the  tax 
commissioner  may  require,  with  the  value  thereof  on  the  first  day  of  May 
preceding  and  the  amount  at  which  the  same  are  assessed  in  said  city  or 
town  for  the  year  then  current.  If  the  assessors  neglect  to  comply  with 
the  requirements  of  this  section,  each  assessor  so  neglecting  shall  forfeit 
one  hundred  dollars. 

SECTION  79.  Every  person,  partnership,  association  or  domestic  cor- 
poration which  is  subject  to  taxation  under  the  provisions  of  section 
seventy-six  shall,  when  so  required,  submit  its  books  to  the  inspection  of 
the  tax  commissioner,  and  its  treasurer,  directors  or  other  officers  to 
examination  on  oath  relative  to  all  matters  affecting  the  determinations 
to  be  made  by  said  commissioner. 


Action  against 
owner  of  rail- 
road for  labor 
and  materials. 
1873,  353,  §  1. 
P.S.  112, 
§  143. 
R.  L.  Ill, 
§  164. 

115  Mass.  580. 
121  Mass.  510. 
804  Mass.  507. 


Contractor 
not  to  have 
such  action. 
1873,  353,  §  2. 
P.S.  112,  §  144 
Statement 
of  amount  of 
debt  to  be 
filed. 

1873,  353,  §  3. 
P.S.  112, 
§  145. 
R.  L.  Ill, 
§  166. 

127  Mass.  101. 
S04  Mass.  607. 


LIENS   FOR   LABOR   AND   MATERIALS. 

SECTION  218.  A  person  to  whom  a  debt  is  due  for  labor  per- 
formed or  for  materials  furnished  and  actually  used  in  con- 
structing a  railroad  under  a  contract  with  a  person  other  than 
the  railroad  corporation,  who  has  authority  from  or  is  rightfully 
acting  for  such  corporation  in  furnishing  such  labor  or  ma- 
terials shall  have  a  right  of  action  against  such  corporation  to 
recover  such  debt  with  costs,  except  as  provided  in  the  four 
following  sections. 

SECTION  219.  A  person  who  has  contracted  to  construct  the 
whole  or  a  specified  part  of  such  railroad  shall  not  have  such 
right  of  action.  '  R-  L-  m,  §  165.  204  Mass.  em. 

SECTION  220.  A  person  shall  not  have  such  right  of  action 
for  labor  performed,  unless,  within  thirty  days  after  ceasing  to 
perform  it,  he  files  in  the  office  of  the  clerk  of  a  city  or  town  in 
which  any  of  said  labor  was  performed  a  written  statement, 
under  oath,  of  the  amount  of  the  debt  so  due  to  him  and  of  the 
name  of  the  person  or  persons  for  whom  and  by  whose  employ- 
ment the  labor  was  performed.  Such  right  of  action  shall  not 
be  lost  by  a  mistake  in  stating  the  amount  due;  but  the  claim- 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  151 

ant  shall  not  recover  as  damages  a  larger  amount  than  is  named 
in  said  statement  as  due  to  him,  with  interest  thereon. 

SECTION  221.     A  person  shall  not  have  such  right  of  action  Notice  of  in- 
for    materials    furnished,    unless,    before    beginning    to   furnish  fi1ed!°n  to  be 
them,  he  files  in  the  office  of  the  clerk  of  the  city  or  town  in  jp8s3'n|3'^it6 
which  any  of  the  materials  were  furnished  a  written  notice  of  SJjhJ11'1*^' 

...  .  ,    .  i        •    i          •          i  -111.        ""•*  Mass.  507. 

his  intention  to  claim  such  right,  in  the  manner  provided  for 
filing  the  statement  named  in  the  preceding  section. 

SECTION  222.  Such  action  shall  not  be  maintained  unless  it  Limitation  of 
is  begun  within  sixty  days  after  the  plaintiff  ceased  to  perform  isVTass,  §  5. 
such  labor  or  to  furnish  such  materials.  F'i47.112' 

R.  L.  Ill,  §  168.  127  Mass.  101.  204  Mass.  607. 

CHANGE   OF   NAME. 

SECTION  223.     Upon  the  application  of  any  railroad  corpora-  Change  of 
tion,   authorized  by  a  vote  of  two  thirds  of  the  stockholders  isgTTseo, 
present  and  voting  at  a  meeting  called  for  the  purpose,  the  ilgi'.tal',  201. 
board  of  railroad  commissioners  may,  after  public  notice  and  }f|f  •  $*•  §  9 
a  hearing,  authorize  such  corporation  to  change  its  name.  |8|9' 164;  442« 

1901,  422,  §  9.  R.  L.  109,  §  9. 

SECTION  224.     A  certified  copy  of  such  authorization  and  a  —certificate 
certificate  of  the  vote  of  the  corporation,  signed  and  sworn  to  fiied°with 
by  the  president,  treasurer  and  a  majority  of  the  directors,  shall  HgT^teo. 
be  filed  in  the  office  of  the  secretary  of  the  commonwealth.  R.  L.6io9.  §10. 
The  board  of  railroad  commissioners  shall  require  public  notice 
to  be  given  of  the  change  so  authorized;  and  upon  receipt  of 
proof  thereof  the  secretary  of  the  commonwealth  may  grant  a 
certificate  of  the  name  which  the  corporation  shall  bear,  which, 
subject  to  the  provisions  of  section  fourteen,  shall  thereafter  be 
its  legal  name. 

SECTION  225.     A  railroad  corporation  shall   have  the  same  Rights  and 
rights,  powers  and  privileges,  and  be  subject  to  the  same  duties,  under^w 
obligations  and  liabilities,   under  its  new  name  as  before  its  ifgit'seo,  §  4. 
name  was  changed,  and  may  sue  and  be  sued  by  its  new  name;  R- L  109>  * 11- 
but  any  action  brought  against  it  by  its  former  name  shall  not 
be  defeated  on  that  account,  and,  on  motion  of  either  party,  the 
new  name  may  be  substituted  therefor. 

DISSOLUTION. 

SECTION  226.     If  a  majority  in  interest  of  the  stockholders  Dissolution  of 
of  a  railroad  corporation  desire  to  close  its  affairs,  they  may  file  i852?r55!°ns 
a  petition  therefor  in  the  supreme  judicial  court  or  the  superior  ^  s.  68,  §  35. 
court,  setting  forth  in  substance  the  grounds  of  their  applica-  ^  |-  \^'  |  ^ 
tion,  and  the  court,  after  notice  to  parties  interested  and  a  hear-  ^ray>  119- 
ing,  may  decree  a  dissolution  of  said  corporation.     A  corpora-  9  Gray,  34. 

±-  ,.         ,         ,      ,      n    i        i     i  i    ,       i  ,    .          „  ..   13  Allen,  497. 

tion  so  dissolved  shall  be  held  to  be  extinct  in  all  respects  as  if  99  Mass.  267. 
its  corporate  existence  had  expired  by  its  own  limitation. 

SECTION  227.     Every  railroad  corporation  whose  charter  ex-  Continuation 
pires   by   its   own   limitation   or   is   annulled   by   forfeiture   or  to^iosTcon-1™ 
otherwise,   or  whose  corporate  existence  for  other  purposes  is  iIri9S,'43. 


152  PART   II.  —  OF   RAILROAD    CORPORATIONS. 

R.  s.  44,  §  7.  terminated  in  any  other  manner,  shall  nevertheless  be  continued 
p'.s.  ID'S,  §41.  as  a  body  corporate  for  three  years  after  the  time  when  it  would 
16  Masa^fs?3'  have  been  so  dissolved,  for  the  purpose  of  prosecuting  and  de- 
ll Pick'.  345'.  fending  suits  by  or  against  it,  and  of  enabling  it  gradually  to 
i6i  Mass' 443  settle  and  close  its  affairs,  to  dispose  of  and  convey  its  prop- 
See  1910, 187.  erty,  and  to  divide  its  capital  stock,  but  not  for  the  purpose  of 

continuing  the  business  for  which  it  was  established. 

?8e33,ivi45.'  SECTION  228.     If  the  charter   of  a   railroad  corporation  ex- 

i852455§|l9'  pires>  or  ig  annulled,  or  if  the  corporation  is  dissolved  as  pro- 
G.  s.'  6s',  §§  37,  vided  in  section  two  hundred  and  twenty-six,  or  if  its  corporate 
p.  s.  105,  §§42,  existence  for  other  purposes  is  terminated  in  any  other  manner, 
1884,203.         the  supreme  judicial  court  or  the  superior  court,  upon  applica- 
i57LMas8.'  Ii54"  tion  of  a   creditor   or   stockholder,    shall   have  jurisdiction  in 
See  1910, 187.    equity  to  appoint  one  or  more   receivers  to  take  charge  of  its 
estate  and  effects,  and  to  collect  the  debts  and  property  due  and 
belonging  to  it;  with  power  to  prosecute  and  defend  suits  in  its 
name  or  otherwise,  to  appoint  agents  under  them,  and  to  do  all 
other  acts  which  might  be  done  by  such  corporation,  if  in  being, 
which  may  be  necessary  for  the   final  settlement  of  its  unfin- 
ished business.     The  powers  of  such  receivers  may  be  continued 
as  long  as  the  court  finds  necessary  for  said  purposes. 
—  to  pay  debts      SECTION  229.     The   receivers   shall    pay  all   debts  due  from 
surplus.  the  corporation,  if  the  funds  in  their  hands  are  sufficient  there- 

R.  s!44,iio.   for;  and  if  they  are  not,   they   shall    distribute   them  ratably 
a5!.'  Is,'  §  39.   among  the  creditors  who  prove  their  debts  in  the  manner  di- 
R  I  109!  1 It;  rected  by  any  decree  of  the  court  for  that  purpose.     If  there  is 
\Gray,  382.      a  balance  remaining  after  the  payment  of  the  debts,  the  re- 
ceivers shall  distribute  and  pay  it  to  those  who  are  justly  en- 
titled thereto  as  having  been  stockholders  of  the  corporation,  or 
their  legal  representatives. 

surrender  of  SECTION  230.  If  a  petition,  signed  and  sworn  to  by  a  ma- 
inooipontion.  iority  in  interest  of  the  stockholders  of  a  railroad  corporation 
R9L.  109,  §  56.  organized  under  the  general  laws,  has,  with  the  certificate  of 
incorporation,  been  filed  in  the  office  of  the  secretary  of  the 
commonwealth,  stating  that  such  stockholders  desire  to  sur- 
render the  certificate  of  incorporation  and  to  have  the  corpora- 
tion dissolved  and  giving  their  reasons  therefor,  the  secretary, 
if  he  considers  such  reasons  sufficient,  shall  require  the  peti- 
tioners to  publish  a  notice  in  one  or  more  newspapers  in  the 
county  in  which  the  principal  office  of  the  corporation  is  located, 
that,  for  reasons  which  appear  to  him  to  be  sufficient,  the  cer- 
tificate of  incorporation  of  the  corporation  therein  named  is 
annulled.  Upon  the  filing  by  the  petitioner  with  the  secretary 
of  a  copy  of  each  newspaper  in  which  the  notice  of  dissolution 
was  ordered  to  be  published,  the  corporation  shall  be  dissolved, 
subject  to  the  provisions  of  the  three  preceding  sections. 
Scretary'tf  SECTION  231.  If  a  railroad  corporation  is  dissolved,  the 

dissolution.       clerk  of  the  court  in  which  the  decree  for  dissolution  is  entered 
p.  s.'  105,  §  45.  shall  forthwith  make  return  thereof  to  the  secretary  of  the  com- 
monwealth, giving  the  name  of  the  corporation  dissolved,  and 
the  date  upon  which  such  decree  was  entered. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  153 


OFFENCES   AND    PENALTIES. 

SECTION  232.     Whoever  without  right  knowingly  stands  or  walking  on 
walks  on  a  railroad  track  shall  forfeit  not  less  than  five  nor  isss/414,  §  4. 
more  than  fifty  dollars.    P-  s.  112,  §  195.      R.  L.  in,  §  249.     142  Masa.  soo.     %7f;367\|  J°f; 

SECTION  233.     Whoever    without    right    loiters    or    remains  Loitering  in 
within  a  station  house  of  a  railroad  corporation,  or  of  the  Bos-  i8a74°372. 
ton  Terminal  Company,  or  upon  the  platform  or  grounds  adja-  fg^'igo 
cent  to  such  station,  after  being  requested  to  leave  the  same  by  |*§  m  ',  196 
a  police  officer  or  by  a  railroad  police  officer,  shall  forfeit  not  R.L.  111,1250! 
less  than  two  nor  more  than  twenty  dollars. 

SECTION  234.     Whoever,  without  right,  rides  or  attempts  to  Unlawful 
ride  upon  a  locomotive  engine,  tender,  freight  car,  caboose,  or  focomJtfv0^ 
other  conveyance  not  a  part  of  a  passenger  train,  upon  a  rail-  1905,  208. 
road  or  upon  the  property  of  the  Boston  Terminal  Company,  f^liss 
[after  being  requested  to  leave  the  same  by  an  employee  of  the 
railroad  or  of  said  Boston  Terminal  Company,  or  by  a  police 
officer,]  shall  be  punished  by  a  fine  of  not  more  than  fifty  dol- 
lars or  imprisonment  for  not  more  than  six  months.     A  sheriff, 
deputy  sheriff,  constable,  police  officer,  railroad  police  officer,  or 
officer  appointed  with  the  powers  of  a  railroad  police  officer, 
upon  view  of  such  an  offence,  may,  without  warrant,  arrest  the 
offender  and  make  complaint  against  him  therefor. 

Acts  of  1909,  Chapter  233. 

An  Act  further  to  prohibit  Unauthorized  Persons  from  Riding  upon  a 
Railroad  or  upon  the  Property  of  the  Boston  Terminal  Company. 

SECTION  1.     Section  two  hundred  and  thirty-four  of  chapter  four  hun-  1906,  463, 
dred  and  sixty-three,  Part  II,  of  the  acts  of  the  year  nineteen  hundred  and  amended5  23*' 
six  prohibiting  unauthorized  persons  from  riding  upon  a  railroad  or  upon 
the  property  of  the  Boston  Terminal  Company,  is  hereby  amended  by 
striking  out  the  words,  "after  being  requested  to  leave  the  same  by  an 
employee  of  the  railroad  or  of  said  Boston  Terminal  Company,  or  by  a 
police  officer",  in  the  fifth,  sixth  and  seventh  lines,  —  so  as  to  read  as 
follows:  —  Section  234-     [For  §  234  as  amended,  see  above.] 

SECTION  2.    This  act  shall  not  apply  to  employees  while  in  the  dis-  Not  apply  to 
charge  of  their  duties.'     [Approved  March  81,  1909. 

SECTION  235.     Whoever,   without  the  consent  of  a  railroad  ^^f  •£ 
corporation,  or  its  agent,  rides,  drives,  or  leads  a  horse,  or  other  onr?fiirold. 
beast,  on  the  railroad  opened  for  use  of  such  corporation,  ex-  G!  s'.  63,  §  103. 
cept  in  the  proper  use  of  a  highway  or  other  way,  or  of  a  trav-  §8/5i  37i 
elled  place  at  a  crossing  of  such  railroad  therewith  upon  the  R.Lii 
same  level,  shall  forfeit  not  more  than  one  hundred  dollars  for 
each  offence,  and  be  liable  for  any  damage  which  results  there- 
from. 

SECTION  236.     The  person  through  whose  fault  or  negligence  Negligence  in 


a  horse  or  other  beast  goes  at  large  within  the  limits  of  a  rail-  baupon 
road  opened  for  use,  shall  forfeit  not  more  than  twenty  dollars  R"  g°3g  §  86 
for  each  offence,  and  be  liable  for  any  damage  which  results  ^7|-  1^  §  104. 
therefrom.  P-  s.  112.  §  199.  R.  L.  111,  §  253.  §  152. 


154 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Neglect  to 
close  gates  at 
private  cross- 
ing. 

1862,  123. 
1874,  372, 
§183. 
P.  S.  112, 
R.L.lll, 
Malicious 
injury  to  rail- 
road, etc. 
R.  S.  39,  < 
G.  S.  63, 
1874,  372, 
§154. 
P.  S.  112, 
R.L.lll, 


200. 
254. 


77. 
105. 


201. 
255. 


202  Mass.  396. 


SECTION  237.  Whoever  enters  upon  or  crosses  a  railroad  at 
a  private  way  which  is  closed  by  gates  or  bars,  and  neglects  to 
close  them  securely,  shall  forfeit  not  less  than  two  nor  more 
than  ten  dollars  for  each  offence,  and  be  liable  for  any  damage 
which  results  therefrom. 

SECTION  238.  Whoever  maliciously  injures  a  railroad,  or 
anything  pertaining  thereto,  or  any  materials  or  implements  for 
the  construction  or  use  thereof,  or  aids  or  abets  in  such  tres- 
pass, shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  in  jail  for  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment,  and  shall  for  each 
offence  forfeit  to  the  use  of  the  corporation  treble  the  amount 
of  damages  which  it  has  sustained  thereby. 


Expectoration 
in  certain 
public  places 
prohibited. 
Amended, 
1907,  410. 


Penalty. 

Amended, 
1907,  410. 
See  below. 


1906,  165,  §  1, 
amended. 
Expectoration 
in  certain 
public  places 
prohibited. 
Superseded, 
1908,  150. 


Acts  of  1906,  Chapter  165. 
An  Act  to  prohibit  Expectoration  in  Certain  Public  Places  and  Conveyances. 

[SECTION  1.  No  person  shall  expectorate  or  spit  on  any  public  side- 
walk, or,  except  in  receptacles  provided  for  the  purpose,  upon  the  floor 
in  any  city  or  town  hall,  in  any  court  house  or  court  room,  in  any  public 
library  or  museum,  in  any  church  or  theatre,  in  any  lecture  or  music 
hall,  in  any  ferry  boat  or  steamboat,  in  any  railroad  car,  except  a  smok- 
ing car,  in  any  railway  car,  in  any  railroad  or  railway  station  or  waiting 
room  or  on  any  sidewalk  or  platform  connected  therewith.] 

SECTION  2.  Whoever  violates  any  provision  of  this  act  shall  be 
punished  by  a  fine  of  not  more  than  twenty-dollars.  [Approved  March 
16,  1906. 

Acts  of  1907,  Chapter  410 

An  Act  further  to  prohibit  Expectoration  in  Certain  Public  Places  and 

Conveyances. 

[SECTION  1.  Chapter  one  hundred  and  sixty-five  of  the  acts  of  the 
year  nineteen  hundred  and  six  is  hereby  amended  by  striking  out  section 
one  and  inserting  in  place  thereof  the  following :  —  Section  1 .  No  person 
shall  expectorate  or  spit  upon  any  public  sidewalk,  or  upon  any  place 
used  exclusively  or  principally  by  pedestrians,  or,  except  in  receptacles 
provided  for  the  purpose,  upon  the  floor  in  any  city  or  town  hall,  in  any 
court  house  or  court  room,  in  any  public  library  or  museum,  in  any  church 
or  theatre,  in  any  lecture  or  music  hall,  in  any  mill  or  factory,  in  any  hall 
of  any  tenement  building  occupied  by  five  or  more  families,  in  any  school 
building,  in  any  ferry  boat  or  steamboat,  in  any  railroad  car,  except  a 
smoking  car,  in  any  elevated  railroad  car,  except  a  smoking  car,  in  any 
street  railway  car,  in  any  railroad  or  railway  station  or  waiting  room  or 
on  any  sidewalk  or  platform  connected  therewith.! 

Section  1.  No  person  shall  expectorate  or  spit  upon  any  public  sidewalk 
or  upon  any  place  used  exclusively  or  principally  by  pedestrians,  or,  except 
in  receptacles  provided  for  the  purpose,  in  or  upon  any  part  of  any  city  or 
town  hall,  any  court  house  or  court  room,  any  public  library  or  museum, 
any  church  or  theatre,  any  lecture  or  music  hall,  any  mill  or  factory,  any  hall 
of  any  tenement  building  occupied  by  jive  or  more  families,  any  school  build- 
ing, any  ferryboat  or  steamboat,  any  railroad  car,  except  a  smoking  car, 
any  elevated  railroad  car,  except  a  smoking  car,  any  street  railway  car,  any 
railroad  or  railway  station  or  waiting  room,  or  on  any  track,  platform  or 
sidewalk  connected  therewith,  and  included  within  the  limits  thereof. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  155 

SECTION  2.     Section  two  of  said  chapter  one  hundred  and  sixty-five  is  IQOG,  165,  §  2, 
hereby  amended  by  adding  at  the  end  thereof  the  words :  —  Any  person  penalty?' 
detected  in  the  act  of  violating  any  provision  of  this  act  may  be  arrested  arrest,  com- 
by  any  officer  authorized  to  serve  criminal  process  in  the  place  where  the 
offence  is  committed  and  kept  in  custody  until  he  can  be  taken  before  a 
court  which  has  jurisdiction  of  such  offence;   and  if  his  name  is  unknown 
to  the  officer  who  makes  the  arrest,  he  may  be  arrested  without  a  war- 
rant, —  so  as  to  read  as  follows :  — •  Section  2.     Whoever  violates  any  pro- 
visions of  this  act  shall  be  punished  by  a  fine  of  not  more  than  twenty 
dollars.    Any  person  detected  in  the  act  of  violating  any  provision  of 
this  act  may  be  arrested  by  any  officer  authorized  to  serve  criminal  proc- 
ess in  the  place  where  the  offence  is  committed  and  kept  in  custody  until 
he  can  be  taken  before  a  court  which  has  jurisdiction  of  such  offence;  and 
if  his  name  is  unknown  to  the  officer  who  makes  the  arrest,  he  may  be 
arrested  without  a  warrant. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  14,  1907. 

Acts  of  1908.  Chapter  150. 

An  Act  further  to  prohibit  Expectoration  in  Certain  Public  Places  and 

Conveyances. 

Section  one  of  chapter  one  hundred  and  sixty-five  of  the  acts  of  the  isoe,  165, 
year  nineteen  hundred  and  six,  as  amended  by  section  one  of  chapter  amended'  41°' 
four  hundred  and  ten  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
is  hereby  further  amended  by  striking  out  the  said  section  and  inserting 
in  place  thereof  the  following:  —  Section  1.     [For  §  1  as  amended,  see 
above.] 

SECTION  239.     Whoever  wilfully  obstructs,  or  aids  or  abets  obstructing 
in  obstructing,  or  wilfully  does  or  causes  to  be  done  anything  etc8"" 
with  the  intent  to  obstruct,  the  passing  of  an  engine  or  car  upon  f8'5|;  44' §  77- 
a  railroad,  or  wilfully  endangers,  or  aids  or  abets  in  endanger-  ij5!2^186' 
ing,  or  wilfully  does  or  causes  to  be  done  anything  with  the  <^6S •  ^  ^g05- 
intent   to    endanger,    the    safety    of    persons    conveyed    in    or  1874,372, 
upon  the  same,  shall  be  punished  by  a  fine  of  not  more  than  one  ise.  157. 
thousand  dollars,  or  by  imprisonment  in  the  state  prison  for  f§  loi,12^, 
not  more  than  twenty  years,  or  by  both  such  fine  and  imprison-  iggbfm. 
ment,  and  shall  for  each  offence  forfeit  to  the  use  of  the  cor-  fj  255*  256 
poration  treble  the  amount  of  damages  which  it  has  sustained  sS'JJP8-  0 

,  .  109  Mass.  345. 

thereby.  105  Mass.  53.  202  Mass.  390. 

SECTION  240.     Whoever    wilfully    and    maliciously    stops    a  wiifuiiy  stop- 
train  on  a  railroad  or  causes  it  to  be  stopped  for  the  purpose  of  1879*177! 
entering,  leaving  or  wantonly  delaying  the  same  shall  be  pun-  R.L.in'Jlsi; 
ished  by  a  fine  of  not  more  than  one  hundred  dollars  or  by  im-  12^  ¥1™*-  3J£; 

**  ZU&    iuuoo.     d&O . 

pnsonment  for  not  more  than  one  month. 

SECTION  241.     Whoever  unlawfully  uses,  removes  or  tampers  Tampering 
with  any  tools  or  appliances  carried  on  the  cars  of  a  railroad  issa,  M,  1 2. 
corporation  as  required  by  section  one  hundred  and  sixty-eight  R-L-1U'§2 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred  dol- 
lars, or  by  imprisonment  for  not  more  than  three  months,  or  by 
both  such  fine  and  imprisonment. 


156 


PART   II.  —  OF  RAILROAD   CORPORATIONS. 


Penalty  for 
gaming  in  rail- 
road car  etc. 
1869,  382. 
P.  S.  99,  §  4. 


Revised  Laws,  Chapter  214,  §  2. 

SECTION  2.  Whoever,  in  a  railroad  car,  steamboat  or  other  public 
conveyance,  plays  at  cards,  dice  or  any  other  game  for  money  or  other 
property,  or  bets  on  the  sides  or  hands  of  those  playing,  shall  for  each 
offence  forfeit  not  more  than  fifty  dollars  or  be  imprisoned  for  not  more 
than  three  months.  If  he  is  discovered  in  the  act,  he  may  be  arrested 
without  a  warrant  by  a  sheriff,  deputy  sheriff,  constable  or  other  civil 
officer,  and  held  in  custody,  in  jail  or  otherwise,  for  not  more  than  twenty- 
four  hours,  until  complaint  is  made  against  him  for  such  offence. 


Disorderly 
conduct  in 
public 

conveyances. 
1883,  102. 


Revised  Laws,  Chapter  212,  §  35. 

SECTION  35.  Whoever,  in  or  upon  a  railroad  carriage,  steamboat  or 
other  public  conveyance,  is  disorderly,  or  disturbs  or  annoys  travellers 
in  or  upon  the  same  by  profane,  obscene  or  indecent  language,  or  by  in- 
decent behavior,  shall  be  punished  by  imprisonment  for  not  more  than 
thirty  days  or  by  a  fine  of  not  more  than  fifty  dollars. 


Revised  Laws,  Chapter  208,  §  19. 

SECTION  19.    Whoever  breaks  and  enters,  or  enters  in  the  night  time 
without  breaking,  a  railroad  car,  with  intent  to  commit  a  felony,  shall 

• 

158.  be  punished  by  imprisonment  in  the  state  prison  for  not  more  than  ten 

s.  203,  §  14.  years  or  by  a  fine  of  not  more  than  five  hundred  dollars  and  imprison- 
ment in  the  house  of  correction  for  not  more  than  two  years. 


load  car,  etc. 

1874   70*  372 

' 


Marking  of 
torpedoes,  etc. 


Acts  of  1908,  Chapter  495. 

An  Act  relative  to  the  Use  of  Torpedoes  and  Other  Explosives  by  Railroad 
and  Railway  Corporations. 

SECTION  1.  It  shall  be  unlawful  for  a  railroad  or  railway  corporation 
and  for  any  officer  or  employee  thereof  to  use  or  deposit  a  torpedo  or 
other  explosive  upon  or  near  the  tracks  of  any  railroad  or  railway  for 
the  purpose  of  signalling  or  otherwise,  unless  there  is  plainly  and  con- 
spicuously stamped  or  otherwise  permanently  marked  thereon  in  a  man- 
ner approved  by  the  board  of  railroad  commissioners  a  word  or  words 
indicating  that  such  torpedo  or  other  explosive  is  dangerous. 

SECTION  2.  This  act  shall  take  effect  on  the  first  day  of  October  in 
the  year  nineteen  hundred  and  eight.  [Approved  May  5,  1908. 


Liability  to 
town  for  per- 
sonal injury. 
1874,  372, 
§160. 

P.  S.I  12,  §209. 
R.L.  111,§264. 


Penalty  on 
engineer,  etc., 
for  negligence. 
1837,  226,  §  7. 
G.  S.  63,  §  95. 
1874,  372, 
§161. 

P.  S.  112,  §210. 
R.L.  111,1265. 


ACCIDENTS. 

SECTION  242.  If,  upon  the  trial  of  an  action  against  a  city 
or  town,  the  plaintiff  recovers  damages  for  an  injury  to  his 
person  or  property  which  was  caused  by  reason  of  a  defect  in  a 
highway,  within  the  location  of  a  railroad,  and  if  the  corpora- 
tion which  owns  the  railroad  is  liable  for  such  damages,  and 
has  had  reasonable  notice  to  defend  the  action,  the  city  or  town 
may  recover  such  damages  and  the  costs  of  both  plaintiff  and 
defendant  in  the  action  from  the  corporation. 

SECTION  243.  If  an  engineer,  fireman  or  other  agent  of  a 
railroad  corporation  is  guilty  of  negligence  whereby  an  injury 
is  done  to  a  person  or  corporation,  he  shall  be  punished  by  a 
fine  of  not  more  than  one  thousand  dollars,  or  by  imprison- 
ment for  not  more  than  twelve  months. 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


157 


SECTION  244.     Whoever,  having  the  management  of  or  con-  Penalty  for 
trol  of  a  railroad  train  while  being  used  for  the  common  car-  m0mana|emen^ 
riage  of  persons,  is  guilty  of  gross  negligence  in  or  in  relation  ilss^Tis. 
to  the  management  or  control  thereof,  shall  be  punished  by  a  ^7|;  gf^5  96- 
fine  of  not  more  than  five  thousand  dollars  or  by  imprisonment  f,1^^  §2ii 
for  not  more  than  three  years.  R.L.  m',  §266. 

SECTION  245.     If  a  person  is  injured  in  his  person  or  prop-  Liability  for 
erty  by  collision  with  the  engines  or  cars  of  a  railroad  corpora-  ca^oTco1" 
tion  at  a  crossing  such  as  is  described  in  section  one  hundred  cSngsf  etc.6 
and  forty-seven,  and  it  appears  that  the  corporation  neglected  If^'lff; 
to  give  the  signals  required  by  said  section,  and  that  such  neg-  f^*-199 
lect  contributed  to  the  injury,  the  corporation  shall  be  liable  §§2i5>6'S23 
for  all  damages  caused  by  the  collision,  or  to  a  fine  recoverable  R.L.'ni,'|26t! 
by  indictment  as  provided  in  section  sixty-three  of  Part  I,  or,  \$l  MalS;  el2' 
if  the  life  of  a  person  so  injured  is  lost,  to  damages  recoverable  |f|  ^al^  m 
in  an  action  of  tort,  as  provided  in  said  section,  unless  it  is  i45'Mass  2se 
shown  that,  in  addition  to  a  mere  want  of  ordinary  care,  the  }46  Mass- ^i- 

•    •         j  XL  Li-JL  f   ^  •  154  Mass.  402. 

person  injured  or  the  person  who  had  charge  of  his  person  or  159  Mass.  493. 

,1         f;  »     ,,  i,.    .  .,,  f  163  Mass.  132. 

property  was,  at  the  time  or  the  collision,  guilty  or  gross  or  172  Mass.  98. 
wilful  negligence,  or  was  acting  in  violation  of  the  law,  and  \H  ^ass!  474! 
that  such  gross  or  wilful  negligence  or  unlawful  act  contributed 
to  the  injury.  soo  Mass.  is.  nos  MOSS.  455, 403.  347. 

208  Mass.  140,  156,  157,  456.  S10  Mass.  179,  £43,  305,  307. 

209  Mass.  496.  SIS  Mass.  599. 

Revised  Laws,  Chapter  51,  §  22. 

SECTION  22.     A  defendant  shall  not  avail  himself  in  defence  of  any  Correction  of 
omission  to  state  in  such  notice  the  time,  place  or  cause  of  the  injury  or  ^^8^ 
damage,  unless,  within  five  days  after  receipt  of  a  notice,  given  within  1894, 389. 
the  time  required  by  law  and  by  an  authorized  person  referring  to  the  jgos,  sos'.  "' 
injuries  sustained  and  claiming  damages  therefor,  the  person  receiving 
such  notice,  or  some  person  in  his  behalf,  notifies  in  writing  the  person 
injured,  his  executor  or  administrator,  or  the  person  giving  or  serving 
such  notice  in  his  behalf,  that  his  notice  is  insufficient  and  requests  forth- 
with a  written  notice  in  compliance  with  law.     If  the  person  authorized 
to  give  such  notice,  within  five  days  after  the  receipt  of  such  request, 
gives  a  written  notice  complying  with  the  law  -as  to  the  time,  place  and 
cause  of  the  injury  or  damage,  such  notice  shall  have  the  effect  of  the 
original  notice,  and  shall  be  considered  a  part  thereof. 

SECTION  246.     A  railroad  corporation  shall  not  be  liable  to  Non-Habiiity 
any  person  for  personal  injuries  which  may  be  caused  by  the  Ixprewmen. 
acts  or  omissions  of  any  persons  or  companies  who  do  an  ex-  R89L.' m^eb 
press  business  over  its  railroad  or  of  their  servants  or  agents.  17° Mass- 464- 

See  R.  L.  70,  §  8.  SOI  Mass.  579  » 

SECTION  247.     Every  railroad  corporation  shall  be  liable  in  LOSS  by  fire 
damages  to  a  person  or  corporation  whose  buildings  or  other  engine. by 
property  may  be  injured  by  fire  communicated  by  its  locomo-  fi^'fo6' 
tive  engines,  and  shall  have  an  insurable  interest  in  the  prop-  i840,-  ?5-  f  *•„, 

•  p  i  •    i     •  i  -i     i       T    i  i  i  G.  ».  63,  §  101. 

erty  upon  its  route  lor  which  it  may  be  so  held  liable,  and  may  isw,  229,  §  34 
procure  insurance  thereon  in  its  own  behalf.     If  it  is  held  liable  1374!  372', 
in  damages,  it  shall  be  entitled  to  the  benefit  of  any  insurance  p. s.  112, §214. 
effected  upon  such  property  by  the  owner  thereof,  less  the  cost  R8L0'm%  270. 


158 


PART   II.  —  OF    RAILROAD   CORPORATIONS. 


13  Met.  99.  of  premium  and  expense  of  recovery.     The  money  received  as 

16  Gray,  7i.  insurance   shall   be   deducted   from   the   damages,   if   recovered 

6  Alien!  87. '  before  they  are  assessed;  and  if  not  so  recovered,  the  policy  of 

9sAMans's.44i4.  insurance  shall  be  assigned  to  the  corporation  which  is  held 

toi'Mass  583  nable  in  damages,  and  it  may  maintain  an  action  thereon. 

118  Mass.  543.  169  Mass.  398.  181  Mass.  551.  '  211  Mass.  650. 

121  Mass.  134.  171  Mass.  245.  184  Mass.  150.  SIS  Mass.  10. 

145  Mass.  129.  179  Mass.  524.  165  U.  S.  1.  See  1907,  431. 

Acts  of  1907,  Chapter  431. 

An  Act  to  provide  for  the  Better  Protection  from  Fire  of  Woodlands  adjoin- 
ing Railroads. 

festers'for  SECTION  1.     Every  corporation  operating  a  steam  railroad  within  this 

locomotives.       commonwealth  shall,  subject  to  the  approval  of  the  board  of  railroad 
commissioners,  install  and  maintain  a  spark-arrester  on  every  engine  in 
its  service  in  which  wood,  coke  or  coal  is  used  as  fuel,  and  shall,  between 
cieared°of  drybe  *ne  first  day  of  April  and  the  first  day  of  December  in  each  year,  keep 
leaves,  etc.         the  full  width  of  all  of  its  locations  over  which  such  engines  are  operated, 
to  a  point  two  hundred  feet  distant  from  the  centre  line  on  each  side 
thereof,  clear  of  dead  leaves,  dead  grass,  dry  brush  or  other  inflammable 
material,  and  shall  not  at  any  time  leave  any  deposit  of  fire,  hot  ashes  or 
live  coals  upon  its  locations  in  the  immediate  vicinity  of  woodlands  or 
grass  lands,  and  shall  post  in  stations  and  other  conspicuous  places  within 
its  location  and  right  of  way  such  notices  and  warning  placards  as  are 
/5o,9S"ssT          furnished  to  it  for  the  purpose  by  the  state  forester:   provided,  that  noth- 
i9io,  398.          ing  in  this  section  shall  be  construed  to  prohibit  any  railroad  corporation 
from  piling  or  keeping  upon  its  location  or  right  of  way  cross-ties  or  other 
material  necessary  for  the  maintenance  and  operation  of  its  railroad. 
maJ°te^eared       SECTION  2.    Any  railroad  corporation  may,  upon  giving  notice  ac- 
notice.  '  cording  to  the  provisions  of  this  section,  enter  upon  unimproved  land 

adjoining  any  location  or  right  of  way  upon  which  it  operates  engines 
burning  wood,  coke  or  coal,  and  may  there  at  its  own  expense  and  sub- 
ject to  the  direction  of  the  forest  fireward,  or  the  officer  or  board  having 
his  powers,  in  the  city  or  town  in  which  the  land  is  situated,  clear  such 
land  of  dead  leaves,  dead  grass  and  dead  wood  to  a  distance  of  one  hun- 
dred feet  from  the  tracks,  without  thereby  becoming  liable  for  trespass: 
provided,  that  no  railroad  corporation  shall,  under  the  provisions  of  this 
section,  do  any  acts  on  unimproved  land  outside  its  location  or  right  of 
way,  unless  it  has  within  two  months  given  fourteen  days'  notice  in 
writing  by  mail  or  otherwise  to  the  occupant  of  the  land,  and  to  the  owner 
thereof,  if  he  resides  or  has  a  usual  place  of  business  in  the  city  or  town 
in  which  it  is  situated,  and  if  the  land  is  unoccupied  and  the  owner  does 
not  reside  or  have  a  usual  place  of  business  in  the  city  or  town,  then, 
unless  the  railroad  corporation  has  within  two  months  published  notice 
of  its  purpose  once  in  three  successive  weeks  in  a  newspaper  published  in 
the  county  in  which  the  land  is  situated,  and  unless  it  has  within  three 
days  given  at  least  twenty-four  hours'  notice  to  the  forest  fireward,  or 
the  officer  or  board  having  his  powers,  in  the  city  or  town  in  which  the 
land  is  situated  of  the  location  of  the  land  which  it  intends  to  enter  under 
the  provisions  of  this  section,  and  of  the  time  at  which  it  intends  to  enter 
the  same,  and  provided  further,  that  no  notice  hereby  required  shall  be 
valid  unless  it  sets  forth  the  provisions  of  this  section. 

nor!ceigna1'  SECTION  3.    Any  engineer,  conductor  or  other  employee  on  a  train 

1906, 463,          who  discovers  a  fire  burning  uncontrolled  on  lands  adjacent  to  the  tracks 

notaffected.48'  sna^  forthwith  cause  a  fire  signal  to  be  sounded  from  the  engine,  which 

shall  consist  of  one  long  and  three  short  whistle  blasts  repeated  several 


PART    II.  —  OF    RAILROAD    CORPORATIONS.  159 

times,  and  shall  notify  the  next  sectionmen  whom  the  train  passes,  and 
the  next  telegraph  station,  of  the  existence  and  location  of  the  fire.  The 
provisions  of  this  section  shall  not  affect  the  authority  conferred  upon 
the  board  of  railroad  commissioners  by  the  provisions  of  section  one  hun- 
dred and  forty-eight  of  Part  II  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six. 

SECTION  4.     Sectionmen  or  other  employees  of  a  railroad  corporation  Extinguishing 
who  receive  notice  of  the  existence  and  location  of  a  fire  burning  on  land  °Lpioyees. 
adjacent  to  the  tracks  shall  forthwith  proceed  to  the  fire  and  shall  use 
all  reasonable  efforts  to  extinguish  it :   provided,  that  they  are  not  at  the 
time  employed  in  labors  immediately  necessary  to  the  safety  of  tracks  or 
to  the  safety  and  convenience  of  passengers  and  the  public. 

SECTION  5.     Railroad  corporations  shall  inform  their  employees  as  to  Facilities,  etc. 
their  duties  under  this  act  and  shall  furnish  them  with  the  appropriate 
facilities  for  reporting  and  extinguishing  such  fires. 

SECTION  6.     Nothing  in  this  act  shall  be  construed  to  give  any  rail-  Parks,  etc., 

.,..,,  ,    exempted. 

road  corporation  power  to  enter  upon,  or  to  interfere  in  the  management 
or  care  of,  any  public  park  or  reservation. 

SECTION  7.    This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  May  17,  1907. 

Acts  of  1909,  Chapter  394. 
An  Act  relative  to  the  Liability  for  the  Extinguishment  of  Forest  Fires. 

SECTION  1.    Any  railroad  corporation  which,  by  its  servants  or  agents,  Liability  for 
negligently,  or  in  violation  of  law,  sets  fire  to  grass  lands  or  forest  lands  of  fores^fires.11* 
shall  be  liable  to  any  city  or  town  in  which  such  fire  occurs,  for  the  rea- 
sonable and  lawful  expense  incurred  by  such  city  or  town  in  the  extin- 
guishment of  the  fire. 

SECTION  2.    Cities  and  towns  may  recover  sums  to  which  they  are  cities  and 
entitled  under  the  provisions  of  this  act  by  an  action  of  contract  in  the  recover?etc. 
superior  court.     [Approved  May  14,  1909. 

BOOKS   AND   RETURNS. 

SECTION  248.     A  railroad   corporation   shall   keep  its  books  Books,  ac- 
and  accounts  in  the  manner  prescribed  by  the  board  of  railroad  n^i  ret^ns*n" 
commissioners,  and  shall  at  all  times  submit  its  books  to  the  1337;  liens', 
inspection  of  said  board  or  of  any  committee  of  the  general  j|^- 1|-  $  2. 
court  which  may  be  authorized  to  inspect  them;  and  the  direc-  If*?-}9*1 
tors  shall  annually,  on  or  before  the  first  Wednesday  of  Sep-  issi.  102,  §  i. 
tember,  transmit  to  the  said  board  a  report  of  their  doings  for  isse!  IGS! 
the  year  ending  on  the  thirtieth  day  of  June  preceding,  which  jtsMo',  fl! 
shall  be  called  the  annual  return  and  which  shall  be  sworn  to  by  ^85|-  |f  • §  8 
them  and  by  the  treasurer  and  the  chief  accounting  officer  of  ILlf2]^4' 
the  corporation.     Such  return  shall  state  whether  any  fatal  ac-  §§  i.'z. 

.     .  ,  J  , ,  1863,  224,  §  1. 

cident  or  serious  injury  has  occurred  to  a  passenger  or  other  1864, 167,  §  4. 
person  upon  the  railroad  during  the  year,  and,  if  so,  the  cause  mo;  so?',  §  i; 
of  such  accident  or  injury  and  the  circumstances  under  which  fffit  381>  §  52. 
it  occurred;  shall  set  forth  copies  of  all  contracts  or  leases  made  If™' 372' 
with  other  railroad  corporations  during  the  year,  and  specify  fJKEkag.  185 
the  receipts  and  expenditures  under  the  same;  and  shall  include  §  i.  ' 
a  detailed  statement  of  all  particulars'  relative  to  the  railroad,  is'sa',  328,'  §  i. ' 
its  business,  receipts  and  expenditures  during  the  year,  in  such    ' 
form  as  shall  be  prescribed  by  said  board  under  the  provisions 


160 


PART   II.  —  OF   RAILROAD   CORPORATIONS. 


Penalty  for 
neglect  to 
make  annual 
return. 

R.  S.  39,  §  82. 
1851,  102,  §  2. 
1857,  40,  §  6. 
G.  S.  63,  §  135 

1863,  224,  §  2. 

1864,  167,  §  2. 
1874,  372, 
§174. 

P.  S.  112,  §  84 
R.  L.  Ill,  §  87 


of  section  twenty  of  Part  I.  The  books  of  each  corporation 
shall  be  so  kept  that  returns  may  be  made  in  exact  conformity 
with  the  form  so  prescribed;  and  the  accounts  shall  be  closed 
on  the  thirtieth  day  of  June  in  each  year,  so  that  a  balance 
sheet  of  that  date  can  be  taken  therefrom  and  included  in  the 
return.  Every  railroad  corporation,  which  neglects  to  make 
said  annual  return  within  the  time  prescribed  in  this  section,  or 
to  amend  said  return  within  fifteen  days,  when  required  by  the 
board  of  railroad  commissioners  as  provided  in  said  section 
twenty,  shall  forfeit,  for  every  such  neglect,  fifty  dollars  for 
each  day  during  which  such  neglect  continues;  and  if  such  cor- 
poration unreasonably  refuses  or  neglects  to  make  said  return, 
it  shall  forfeit  for  every  such  refusal  or  neglect  not  more  than 
five  thousand  dollars. 


Time  for 
filing  annual 
returns. 
Amended, 
1910,  558. 


Acts  of  1909,  Chapter  502,  §  1. 
An  Act  relative  to  Returns  to  the  Board  of  Railroad  Commissioners. 

SECTION  1.  The  annual  returns  now  required  by  law  to  be  made  to 
the  board  of  railroad  commissioners  shall  be  returns  for  the  year  ending 
on  the  thirtieth  day  of  June,  and  shall  be  transmitted  to  said  board  on 
or  before  the  thirtieth  day  of  the  following  September,  upon  blank  forms 
of  return  to  be  furnished  by  the  board  [on  or  before  the  first  day  of  June 
in  each  year.]  The  time  within  which  all  returns  are  required  by  law  to 
be  made  to  the  board  may  be  extended  by  the  board  to  such  date  sub- 
sequent thereto  as  it  may,  for  good  cause  shown,  fix  in  any  case. 


1909,  60S, 
amended. 


Returns  in  the 
year  1910. 


Acts  of  1910,  Chapter  558. 
An  Act  relative  to  Returns  to  the  Board  of   Railroad    Commissioners. 

SECTION  1.  Section  one  of  chapter  five  hundred  and  two  of  the  acts 
of  the  year  nineteen  hundred  and  nine  is  hereby  amended  by  striking 
out  the  words  "on  or  before  the  first  day  of  June  in  each  year",  in  the 
sixth  and  seventh  fines,  so  as  to  read  as  follows:  —  Section  1.  The  annual 
returns  now  required  by  law  to  be  made  to  the  board  of  railroad  com- 
missioners shall  be  returns  for  the  year  ending  on  the  thirtieth  day  of 
June,  and  shall  be  transmitted  to  said  board  on  or  before  the  thirtieth 
day  of  the  following  September,  upon  blank  forms  of  return  to  be  fur- 
nished by  the  board.  The  time  within  which  all  returns  are  required  by 
law  to  be  made  to  the  board  may  be  extended  by  the  board  to  such  date 
subsequent  thereto  as  it  may,  for  good  cause  shown,  fix  in  any  case. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  25,  1910. 

Acts  of  1909,  Chapter  502,  §  2. 

SECTION  2.  The  return  required  by  the  preceding  section  to  be  filed 
for  the  period  ending  on  the  thirtieth  day  of  June,  in  the  year  nineteen 
hundred  and  ten,  shall  cover  the  doings  of  street  railway  companies  and 
every  person,  firm,  association  or  corporation  doing  an  express  business 
upon  either  a  railroad  or  railway  in  this  commonwealth  for  the  preceding 
nine  months  only,  and  said  period  of  nine  months  shall  be  deemed,  under 
the  provisions  of  section  sixty-eight  of  chapter  five  hundred  and  ninety 
of  the  acts  of  the  year  nineteen  hundred  and  eight,  subdivision  Fifth, 
relative  to  the  investment  of  deposits,  and  the  income  derived  there- 
from, of  savings  banks  in  the  bonds  of  street  railway  companies,  as  one 


PART  II.  —  OF  RAILROAD  CORPORATIONS.  161 

of  the  five  years  therein  referred  to,  but'  the  requirement  that  dividends 
equal  to  at  least  five  per  cent  upon  all  the  outstanding  capital  stock  of  a 
street  railway  company  shall  have  been  earned  and  paid  in  cash  in  each 
of  said  five  years,  shall  not  apply  to  said  period  of  nine  months;  and  any 
street  railway  company  which  shall  have  earned  and  paid  in  dividends  in 
cash  an  amount  equal  to  five  per  cent  upon  all  its  outstanding  capital 
stock  in  each  of  the  five  preceding  years,  with  the  exception  of  said  nine 
months  period,  shall  be  included  in  the  list  to  be  certified  and  trans- 
mitted by  the  board.  The  list  required  by  the  provisions  of  said  section 
sixty-eight  to  be  certified  and  transmitted  to  the  bank  commissioner  shall, 
after  the  passage  hereof,  be  so  certified  and  transmitted  on  or  before  the 
fifteenth  day  of  December  in  each  year. 

SECTION  249.     Every  railroad  corporation  which  operates  a  Quarterly 
railroad  within  this  commonwealth  shall,  within  fifty  days  after  ilsoT^i. 
the  expiration  of  each  quarter  of  the  calendar  year,  transmit  l£9l\  JfJ;  §  35. 
to  the  board  of  railroad  commissioners  a  quarterly  statement  of 
its  business  and  financial  condition,  in  such  form  and  with  such 
detail  as  said   board  may  require,   which  shall  at  reasonable 
times  be   open   to   public   inspection.     A   railroad   corporation 
which  neglects  to  comply  with  the  provisions  of  this  section 
shall  forfeit  fifty  dollars  for  each  day  during  which  such  neg- 
lect continues. 

SECTION  250.     Every  railroad  corporation  shall,  during  the  Lessee  of  road 
continuance  of  any  lease  which  it  has  taken  of  the  railroad  of  ^r^rlq'Sred 
another  corporation,  make  all  the  returns  required  of  the  les-  ileT,8^?,  §  3 
sor;  and  during  the  continuance  of  such  lease,  the  lessor  shall  |f 74-372' 
not  be  required  to  make  such  returns,  if,  when  requested  by  the  §173.     ' 
lessee,  the  lessor  furnishes  all  the  information  in  its  possession  R'.L.  111,5  86. 
needed  to  make  such  returns;  but  if  a  railroad  in  this  common- 
wealth is  leased  to  a  lessee  in  another  state,  the  lessors  in  this 
commonwealth  shall  make  the  annual  return. 

Acts  of  1911,  Chapter  184. 

An  Act  to  provide  Penalties  for  wilfully  making  False  Reports  to  Com- 
missions or  Commissioners. 

Any  person  who"  shall  wilfully  make  false  report  to  the  railroad  com-  penalties  for 
mission,  the  gas  and  electric  light  commission,  the  highway  commission, 
the  insurance  commissioner,  the  bank  commissioner  or  the  commissioner 
of  corporations,  or  who  shall  testify  or  affirm  falsely  to  any  material  fact 
in  any  matter  wherein  an  oath  or  affirmation  is  required  or  authorized, 
or  who  shall  make  any  false  entry  or  memorandum  upon  any  book,  report, 
paper  or  statement  of  any  company  making  report  to  any  of  the  said 
commissions  or  commissioners,  with  intent  in  any  case  to  deceive  the 
commission  or  commissioner,  or  any  agent  appointed  to  examine  the 
affairs  of  any  such  company,  or  to  deceive  the  stockholders  or  any  officer 
of  any  such  company,  or  to  injure  or  defraud  any  such  company,  and 
any  person  who  with  like  intent  aids  or  abets  another  in  any  violation 
of  this  act  shall  be  punished  by  a  fine  of  not  more  tljan  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  [Approved  March  25,  1911. 


162 


PART  II.  —  OF  RAILROAD  CORPORATIONS. 


Voluntary 

associations, 

etc. 

Copies  of 

written 

instruments  to 

be  filed. 


Statements  of 
shares  owned, 
etc.,  and  of 
stockholders 
of  record  to 
be  filed. 
Amended, 
1913,  464- 


Acts  of  1909,  Chapter  441. 
An  Act  relative  to  Voluntary  Associations  under  Written  Instruments. 

SECTION  1.  Trustees  of  a  voluntary  association  under  a  written  in- 
strument or  declaration  of  trust  the  beneficial  interest  under  which  is 
divided  into  transferable  certificates  of  participation  or  shares,  shall 
file  a  copy  of  such  written  instrument  or  declaration  of  trust  with  the 
commissioner  of  corporations  and  with  the  clerk  of  every  city  or  town 
in  which  such  association  has  a  usual  place  of  business. 

SECTION  2.  Trustees  of  a  voluntary  association  under  a  written  in- 
strument or  declaration  of  trust  the  beneficial  interest  under  which  is 
divided  into  transferable  certificates  of  participation  or  shares,  who  own 
or  control  a  majority  of  the  capital  stock  of  a  railroad,  street  railway, 
gas  company,  or  electric  light  company,  shall  annually  on  or  before  the 
first  day  of  May  file  with  the  commissioner  of  corporations  and  with 
the  board  having  supervision  of  such  company  a  statement  showing  the 
number  of  shares  of  such  company  owned  or  controlled  by  them  and 
the  stockholders  of  record  on  the  books  of  such  company  in  whose  names 
such  shares  are  held. 

Section  3.  Every  trustee  of  a  voluntary  association  under  a  written  in- 
strument or  declaration  of  trust,  the  beneficial  interest  under  which  is  divided 
into  transferable  certificates  of  participation  or  shares,  who  fails  to  comply 
with  the  requirements  of  section  two  of  this  act  shall  for  such  failure  be  liable 
to  a  fine  of  not  more  than  five  hundred  dollars  or  to  three  months'  imprisonment. 


1909,  441, 
amended. 


Copies  of 
written  instru- 
ments, etc., 
filed  by  volun- 
tary associa- 
tions owning 
or  controlling 
public  service 
corporations 
to  be  printed 
as  a  public 
document. 


Acts  of  1913,  Chapter  454. 

An  Act  relative  to  the  Filing  of  Annual  Statements  by  Trustees  of  Vol- 
untary Associations  under  Written  Instruments  or  Declarations  of 
Trust. 

Chapter  four  hundred  and  forty-one  of  the  acts  of  the  year  nineteen 
hundred  and  nine  is  hereby  amended  by  adding  at  the  end  thereof  the 
following  new  section:  —  Section  3.  Every  trustee  of  a  voluntary  associa- 
tion under  a  written  instrument  or  declaration  of  trust,  the  beneficial 
interest  under  which  is  divided  into  transferable  certificates  of  participation 
or  shares,  who  fails  to  comply  with  the  requirements  of  section  two  of 
this  act  shall  for  such  failure  be  liable  to  a  fine  of  not  more  than  five 
hundred  dollars  or  to  three  months'  imprisonment.  [Approved  April 
9,  1913. 

Acts  of  1913,  Chapter  596. 

An  Act  to  provide  for  Publication  of  Information  relative  to  Voluntary 
Associations  owning  or  controlling  Public  Service  Corporations. 

SECTION  1.  The  commissioner  of  corporations,  within  thirty  days 
after  the  passage  of  this  act,  shall  transmit  copies  of  all  written  instruments 
or  declarations  of  trust  and  of  amendments  or  additions  thereto  which 
have  been  filed  in  his  office,  in  compliance  with  section  two  of  chapter  four 
hundred  and  forty-one  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
to  the  secretary  of  the  commonwealth,  who  shall  cause  the  same  to  be 
printed  as  a  public  document.  The  commissioner  of  corporations  shall, 
in  the  month  of  December,  nineteen  hundred  and  thirteen,  and  annually 
thereafter,  transmit  to  the  secretary  of  the  commonwealth  copies  of  all 
written  instruments  or  declarations  of  trust,  and  any  amendments  or  addi- 
tions to  such  declarations  theretofore  in  the  custody  of  the  commissioner, 
which  were  filed  in  his  office  during  the  year  ending  on  the  thirtieth  day 
of  November  next  preceding  in  compliance  with  section  two  of  chapter 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  163 

four  hundred  and  forty-one  of  the  acts  of  the  year  nineteen  hundred  and 
nine.  The  secretary  shall  annually  cause  such  of  said  instruments, 
declarations  of  trust  and  amendments  as  have  not  been  previously  printed 
under  his  direction,  together  with  such  reports  and  information  relating 
to  the  associations  described  in  section  two  of  said  chapter  four  hundred 
and  forty-one  as  the  board  of  railroad  commissioners  or  the  board  of  gas 
and  electric  light  commissioners  may  transmit  to  him  for  the  purpose, 
to  be  printed  as  a  public  document. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.    [Approved 
May  2,  1913. 

Acts  of  1913,  Chapter  597. 

An  Act  relative  to  the  Holding  of  Stock  of  Certain  Public  Service  Cor- 
porations. 

SECTION  1.    No  corporation  organized  under  or  subject  to  the  pro-  Certain  corpo- 
visions  of  chapter  four  hundred  and  thirty-seven  of  the  acts  of  the  year  hoidTetc'f  to 
nineteen  hundred  and  three,  except  a  corporation  which  by  special  law  of  more  than  ten 
this  commonwealth  is  authorized  to  hold  stock  in  a  public  service  corpora-  caphaT  stock  of 
tion,  shall  hereafter  purchase  or  acquire,  take  or  hold,  directly  or  indirectly,  g^ice  corpo- 
more  than  ten  per  cent  of  the  total  capital  stock  of  a  corporation  organized  rations. 
under  the  general  or  special  laws  of  the  commonwealth  for  the  purpose  of 
carrying  on  within  the  commonwealth  the  business  of  a  railroad,  street 
railway,  electric  railroad,  elevated  railway,  gas  or  electric  light,  heat  or 
power  company. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  2,  1913. 

RAILROADS   FOR   PRIVATE   USE. 

SECTION  251.     A  person  or  corporation  may  construct  a  rail-  Railroads  for 

•         .1  •  •••'»'!  i  private  use. 

road  for  private  use  in  the  transportation  of  freight;  but  shall  ||^'|2|- 
not  take  or  use  lands  or  other  property  therefor  without  the  §§  175,  i?6. 
consent  of  the  owner  thereof.  No  such  railroad  shall  be  con-  §§  223, 224. 
nected  with  the  railroad  of  another  corporation  without  its  con-  f^Ma 
sent;  nor  shall  it  be  constructed  across  or  upon  a  highway,  town  s«f  j^ff8'^3' 
way  or  travelled  place  without  the  consent  of  the  board  of 
aldermen  of  the  city  or  selectmen  of  the  town,  nor  except  in  a 
place  and  manner  approved  by  them.  If  the  board  of  aldermen 
or  selectmen  consent,  they  shall  from  time  to  time  make  such 
'  regulations  relative  to  motive  power,  rate  of  speed,  and  time 
and  manner  of  using  the  railroad  over  and  upon  such  way  or 
travelled  place,  as  in  their  judgment  the  public  safety  and  con- 
venience require,  and  they  may  order  such  changes  to  be  made 
in  the  track  as  are  rendered  necessary  by  the  alteration  or  re- 
pair of  such  way.  If  they  allow  steam  power  to  be  used  on 
such  railroad,  the  provisions  of  this  act  relative  to  the  crossing 
of  ways  and  travelled  places  by  railroad  corporations  shall  apply 
to  such  railroad,  and  to  the  person  or  corporation  constructing 
or  operating  the  same. 

SECTION  252.     If  the  consent  of  the  board  of  railroad  com-  Regulation  of 
missioners  is  required  for  the  crossing  of  a  way  or  travelled  isgo^sffi 
place  by  a  railroad  for  private  use,  it  may  limit  the  number  of  Jm^nd^.' 5  28°' 
tracks,  and  may  impose  other  conditions  relative  to  the  use  of  191g> 376- 
the  crossing  by  said  railroad,  and  may  modify  such  limitations 
and  conditions. 


164  PART   II.  —  OF   RAILROAD   CORPORATIONS. 

The  board  of  railroad  commissioners  may,  upon  the  complaint 
of  any  party  interested,  or  upon  its  own  motion,  exercise  super- 
visory powers  over  all  railroads  for  private  use  with  regard  to  the 
character  and  condition  of  the  roadbed,  tracks,  crossings,  rolling 
stock,  machinery,  equipment  and  appliances  used  in  or  in  con- 
nection with  the  operation  of  such  railroads,  so  far  as  is  reasonable 
and  expedient  to  promote  the  security  of  persons  employed  in  the 
maintenance  and  operation  of  the  same  and  of  the  public. 

Acts  of  1912,  Chapter  375. 

An  Act  relative  to  the  Supervision  by  the  Board  of  Railroad  Commission- 
ers of  Railroads  for  Private  Use. 

1906, 463,  Section  two  hundred  and  fifty-two  of  Part  II  of  chapter  four  hundred 

amended.  '  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  adding  at  the  end  thereof  the  following :  —  The  board  of  rail- 
road commissioners  may,  upon  the  complaint  of  any  party  interested,  or 
upon  its  own  motion,  exercise  supervisory  powers  over  all  railroads  for 
private  use  with  regard  to  the  character  and  condition  of  the  roadbed, 
tracks,  crossings,  rolling  stock,  machinery,  equipment  and  appliances 
used  in  or  in  connection  with  the  operation  of  such  railroads,  so  far  as  is 
reasonable  and  expedient  to  promote  the  security  of  persons  employed 
in  the  maintenance  and  operation  of  the  same  and  of  the  public,  —  so  as 
to  read  as  follows :  —  Section  252.  [For  §  252  as  amended,  see  above.] 

CORPORATIONS     TO     CONSTRUCT     RAILROADS     IN     FOREIGN    COUN- 
TRIES. 

Stract'rau-0       SECTION  253.     Fifteen  or  more  persons,  a  majority  of  whom 
roads  in  forr      are  inhabitants  of  this  commonwealth,  may  associate  themselves 

eign  countries.  .  ...,,.  .  » 

1879, 274,  §  i.  by  a  written  agreement  of  association,  with  the  intention  or 
R.L.  in',  §  28i!  forming  a  corporation  to  construct  and  operate  a  railroad,  or 
°*8' 187'  railroad  and  telegraph,  in  any  foreign  country,  but  in  accord- 
ance with  the  laws  of  such  country;  and,  upon  complying  with 
the  provisions  of  section  two  hundred  and  fifty-five,  shall,  with 
their  associates  and  successors,  be  a  corporation  for  the  purpose 
aforesaid,  with  the  powers  necessary  and  incident  thereto,  and 
with  such  powers  and  privileges,  and  subject  to  such  duties, 
liabilities  and  restrictions,  as  to  the  location,  construction,  main- 
tenance and  operation  of  its  railroad,  or  railroad  and  telegraph, 
and  the  transfer  of  its  property  by  mortgage,  lease  or  otherwise 
as  may  be  fixed  by  such  country. 

Agreement  of         SECTION  254.     The  agreement  of  association  shall  state :  — 
isTg^Ti  2.        (a)  That  the  subscribers  thereto  associate  themselves  with  the 
R.L.III',  1 282'.  intention  of  forming  a  railroad  corporation,  or  a  railroad  and 
telegraph  corporation. 

(6)  The  corporate  name  assumed. 

(c)  The  termini  of  the  railroad,  or  the  railroad  and  the  tele- 
graph. 

(d)  The  total  amount  of  the  capital  stock  of  the  corporation. 

(e)  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 


PART   II.  —  OF   RAILROAD   CORPORATIONS.  165 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take;  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription,  unless  a  corporation  is  chartered. 

SECTION  255.     When  it  is  shown  to  the  satisfaction  of  the  Certificate  of 
board  of  railroad  commissioners  that  the  requirements  of  the  ^thpr£Tdre- 
two  preceding  sections  have  been  complied  with,  the  clerk  of  ^79^274,  §  3. 
said   board,   upon  its  order,  shall  annex  to  the  agreement  of  ^L-  }}j'|  Hi- 
association  a  certificate  setting  forth  that  fact.     The  directors  2°7  Mas*- 187- 
shall  thereupon  file  the  agreement  of  association  and  certificate 
in  the  office  of  the  secretary  of  the  commonwealth,  who,  upon 
the  payment  to  him  of  a  fee  of  fifty  dollars,  shall  receive  and 
preserve  the  same  in  form  convenient  for  reference  and  open  to 
public  inspection;  and  shall  thereupon  issue  a  certificate  of  in- 
corporation substantially  in  the  following  form :  — 

COMMONWEALTH  OF  MASSACHUSETTS. 

Be  it  known,  that  whereas  [names  of  the  subscribers  to  the  agreement  Form  of 
of  association]  have  associated  themselves  with  the  intention  of  forming  C€ 
a  corporation,  under  the  name  of  the  [name  of  the  corporation],  for  the 
purpose  of  locating,  constructing,  maintaining  and  operating  a  railroad 
[or  railroad  and  telegraph]  [description  of  the  railroad  or  railroad  and 
telegraph  as  in  the  agreement  of  association],  and  have  complied  with 
the  statutes  of  this  commonwealth  in  such  cases  made  and  provided: 
Now,  therefore,  I,  ,  secretary  of  the 

commonwealth  of  Massachusetts,  do  hereby  certify  that  the  persons 
aforesaid,  their  associates  and  successors,  are  legally  established  as  a 
corporation,  under  the  name  of  the  [name  of  the  corporation],  with  all 
the  powers  and  privileges,  and  subject  to  all  the  duties,  liabilities  and 
restrictions,  set  forth  in  the  general  laws  applicable  to  such  corporations. 

In  witness  whereof,  I  have  hereunto  subscribed  my  official  signature, 
and  affixed  the  Great  Seal  of  said  commonwealth,  this  day 

of  ,  in  the  year  [day,  month  and  year]. 

The  secretary  of  the  commonwealth  shall  sign  the  certificate 
of  incorporation  and  cause  the  Great  Seal  of  the  commonwealth 
to  be  thereto  affixed,  and  such  certificate  shall  have  the  force 
and  effect  of  a  special  charter.  The  secretary  of  the  common- 
wealth shall  also  cause  a  record  of  the  certificate  of  incorpora- 
tion to  be  made,  and  such  certificate,  or  such  record,  or  a 
certified  copy  thereof,  shall  be  conclusive  evidence  of  the  exist- 
ence of  such  corporation. 

SECTION  256.     The  corporation  may  from  time  to  time,  at  a  increase  or 
meeting  of  directors  called  for  the  purpose,  reduce  the  amount  ^uai'Stock. 
of  the  capital  stock,   or  increase  it  for  the  purpose  of  con-  p8s9'i2i724'§§228 
structing  and  equipping  its  railroad  and  extensions  or  branches  ^-  ^  § 2^- 
thereof.     If  such  increase  or  reduction  is  made,  a  certificate  of  20?  Mass.  isi. 
the    fact,   signed   by   the   president  of  the  corporation,    shall, 
within  thirty  days  thereafter,  be  filed  in  the  office  of  the  secre- 
tary of  the  commonwealth.     Such  corporation  may,  by  vote  at 
a  meeting  of  its  directors,  purchase,  acquire  or  lease  the  prop- 


166  PART  II.  —  OF   RAILROAD   CORPORATIONS. 

erty,  stocks,  bonds  or  securities  of  any  railroad  corporation 
whose  line  is  located  in  the  foreign  country  named  in  the 
original  agreement  of  association  of  such  corporation  or  any 
amendment  thereof  made  as  hereinafter  provided,  or  of  any 
steamship  company  associated  in  transportation  or  business  with 
such  corporation,  upon  such  terms  and  for  such  consideration 
as  shall  be  determined  by  such  vote,  and  in  like  manner  may 
appoint  an  executive  committee  from  the  members  of  its  board, 
and  delegate  to  such  committee  such  power  and  authority  as  by 
such  vote  shall  be  provided,  and  in  like  manner  may  divide  the 
directors  into  classes  as  nearly  equal  as  possible  for  the  pre- 
scribed number  of  classes,  and  prescribe  the  tenure  of  office  of 
the  several  classes,  but  no  class  shall  be  elected  for  a  shorter 
period  than  one  year  or  for  a  longer  period  than  five  years,  and 
the  term  of  office  of  at  least  one  class  shall  expire  at  the  next 
annual  meeting  and  thereafter  at  the  end  of  each  year,  and 
at  each  annual  meeting  after  such  division  directors  shall  be 
elected  only  to  fill  the  place  of  those  whose  term  of  office  shall 
then  expire  as  so  provided  and  shall  hold  office  for  the  period 
so  prescribed,  and  all  directors  shall  hold  office  until  their  suc- 
cessors are  chosen  and  qualified;  and  such  corporation  may,  by 
vote  at  an  annual  or  a  special  meeting  of  its  stockholders,  called 
for  the  purpose,  amend  its  agreement  of  association  to  provide 
for  constructing  and  operating  a  railroad  in  any  other  foreign 
country  or  countries  in  accordance  with  the  laws  of  such 
country  or  countries,  and  shall  file  such  amendment  in  the  office 
of  the  secretary  of  the  commonwealth  and  pay  him  a  fee  of 
fifty  dollars,  and  thereupon  such  corporation  shall  have  the 
same  powers  and  privileges,  and  be  subject  to  the  same  duties, 
liabilities  and  restrictions,  in  all  respects,  as  if  its  agreement  of 
association  had  originally  contained  such  amendment. 
statutes  gov-  SECTION  257.  Such  corporation  shall  be  subject  to  the  pro- 

ernmg  such  .    .  e  .•  •  £  *      I      •  * 

corporation.      visions  of  sections  twenty-nine  to  forty-one,   inclusive,  torty- 
§§  5,' e.  three  to  forty-five,  inclusive,  and  of  section  fifty-eight,  except  as 

R.  L.  111',  1 285!  otherwise  provided  herein.        "»  Mass.  552.  207  MOSS.  is?. 

1904,  169,  §  2. 

Revised  Laws,  Chapter  14,  §  52. 

TAXATION   OF   CORPORATIONS   FORMED  TO   CONSTRUCT  RAILROADS   IN   FOR- 
EIGN COUNTRIES. 

Return  and  tax      [SECTION  52.    A  corporation  formed  under  the  general  laws  of  the 
tions'to'con-      commonwealth  to  construct  railroads,  or  railroads  and  telegraphs,   in 
inToCreignlr°ads  foreign  countries  shall  for  the  purposes  of  taxation  be  subject  to  the  pro- 
countries,          visions  of  section  forty-nine,  except  that  the  rate  of  taxation  shall  be  one- 
p.  s.'  is,  §  46.'    twentieth  of  one  per  cent  per  annum  upon  the  par  value  of  the  capital 
i395M^ss'.  559.   stock,  divided  into  semi-annual  payments  as  provided  in  said  section; 
Repealed^       _   Dut  no  other  provisions  of  this  chapter  relative  to  the  assessment  of  taxes 
upon  corporations  or  the  shareholders  therein  shall  apply  thereto.     Such 
[Corporations      corporation  shall  annually,  between  the  first  and  tenth  days  of  May, 
"dos^T?  t0     make  a  return  to  the  tax  commissioner,  under  the  oath  of  its  treasurer, 
§§  7 1-87. \         of  aii  its  shareholders,  their  residences,  the  number  of  shares  belonging 
to  each  on  the  first  day  of  May,  the  amount  of  its  capital  stock  and  the 
par  value  and  market  value  of  the  shares  on  said  first  day  of  May.] 


PART   II.  —  OF    RAILROAD   CORPORATIONS. 


167 


SECTION  258.  Chapter  one  hundred  and  eleven  of  the  Re-  £?£?$•* 
vised  Laws,  except  section  one  hundred  and  fifty-eight  thereof,  §  iss, '«««' 
section  thirteen  of  chapter  five  hundred  and  forty-four  of  the  p' & 
acts  of  the  year  nineteen  hundred  and  two,  chapters  fifty-nine 
and  one  hundred  and  sixty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  four,  chapters  two  hundred  and  eight  and  two 
hundred  and  ten  of  the  acts  of  the  year  nineteen  hundred  and 
five,  and  chapter  two  hundred  and  eighty-three  of  the  acts  of 
the  year  nineteen  hundred  a,nd  six,  and,  so  far  only  as  they 
apply  to  railroads  or  railroad  corporations,  their  officers,  agents 
or  employees,  sections  thirty-seven,  thirty-eight,  thirty-nine, 
forty,  forty-two,  sixty-one  and  sixty-two  of  chapter  fourteen  of 
the  Revised  Laws,  sections  nine,  ten,  eleven,  fifteen,  seventeen, 
twenty,  twenty-one,  twenty-four,  twenty-five,  twenty-seven, 
twenty-eight,  thirty,  thirty-one,  thirty-two,  thirty-three,  thirty- 
four,  thirty-five,  forty,  fifty-two,  fifty-three,  fifty-four,  fifty- 
five,  fifty-six  and  fifty-seven  of  chapter  one  hundred  and  nine 
of  the  Revised  Laws,  section  nineteen  of  chapter  one  hundred 
and  ten  of  the  Revised  Laws  and  chapter  four  hundred  and 
twenty-three  of  the  acts  of  the  year  nineteen  hundred  and  three 
are  hereby  repealed. 

SECTION  259.     The  provisions  of  this  act,  so  far  as  they  are  Provisions, 
the  same  as  those  of  existing  statutes,  shall  be  construed  as  a  et°cw  c' 
continuation  thereof,  and  not  as  new  enactments,  and  a  refer- 
ence in  a  statute  which  has  not  been  repealed  to  provisions  of 
law  which  have  been  wholly  or  partially  reviseid  and"  re-enacted 
herein  shall  be  construed  as  applying  to  such  provisions  as  so 
incorporated  in  this  act.     The  repeal  of  a  law  by  this  act  shall  R«peainotto 

(v  i  •  n     *  />  i  •    i  affect  pending 

not  anect  any  act  done,  ratified  or  confirmed,  or  any  right  ac-  actions,  etc. 
crued  or  established,  or  any  action,  suit  or  proceeding  com- 
menced under  any  of  the  laws  repealed  before  the  repeal  took 
effect,  or  any  action,  suit  or  proceeding  pending  at  the  time  of 
the  repeal  for  an  offence  committed,  or  for  the  recovery  of  a 
penalty  or  forfeiture  incurred,  under  any  of  the  laws  repealed; 
but  the  proceedings  shall,  when  necessary,  conform  to  the  pro- 
visions of  this  act.  Any  provision  of  this  act  by  which  a  pun- 
ishment, penalty  or  forfeiture  is  mitigated  may  be  extended 
and  applied  to  any  judgment  pronounced  after  said  repeal. 

Acts  of  1913,  Chapter  784,  §§7,  27,  28,  29. 

SECTION  7.     Every  vote,  recommendation  and  order  of  the  commission  Records  and 
shall  be  entered  of  record;    and  the  commission  shall  have  an  official  official  seal- 
seal,  which  shall  be  judicially  noticed.     Copies  of  all  official  documents  Certified 
and  orders  filed  or  deposited  in  the  office  of  the  commission,  certified  evFdence,  etc. 
by  a  member  of  the  commission,  or  by  the  secretary,  to  be  true  copies  of 
the  originals,  under  the  official  seal  of  the  commission,  shall  be  evidence 
in  like  manner  as  the  originals  in  all  courts  of  the  commonwealth;   and 
the  commission  may  charge  and  collect  for  such  copies  ten  cents  for  each 
folio.    The  fees  so  collected  shall  be  paid  into  the  treasury  of  the  common-  Fees, 
wealth. 

SECTION  27.     The  supreme  judicial  court  shall  have  jurisdiction  in  Jurisdiction  in 
equity  to  review,  annul,  modify  or  amend  any  rulings  or  orders  of  the  r 


168  PART   II. — OF   RAILROAD    CORPORATIONS. 

etc.,  rulings  commission  which  are  unlawful  to  the  extent  only  of  such  unlawfulness, 
commission.  The  procedure  before  the  said  court  shall  be  that  prescribed  by  its  rules, 
which  shall  state  upon  what  terms  the  enforcement  of  the  order  shall  be 
stayed.  The  attorney  for  any  party  petitioning  the  supreme  judicial 
court  hereunder  shall  file  with  the  clerk  of  the  court  a  certificate  that  he 
is  of  opinion  that  there  is  such  probable  ground  for  the  appeal  as  to  make 
it  a  fit  subject  for  judicial  inquiry,  and  that  it  is  not  intended  for  delay; 
and  double  costs  shall  be  assessed  by  the  court  upon  any  such  party  whose 
petition  shall  appear  to  the  court  not  to  be  a  fit  subject  for  judicial  in- 
quiry or  shall  appear  to  be  intended  for  delay.  The  burden  of  proof  shall 
be  upon  the  party  adverse  to  the  commission  to  show  that  its  order  is 
invalid.  Any  proceeding  in  any  court  of  this  commonwealth  directly 
affecting  an  order  of  the  commission  or  to  which  the  commission  is  a  party 
shall  have  preference  over  all  other  civil  proceedings  pending  in  such  court, 
except  election  cases. 

Jurisdiction  to  SECTION  28.  The  supreme  judicial  court  shall  have  jurisdiction  upon 
enforce  orders.  fae  appiicatiOn  of  the  commission  to  enforce  all  valid  orders  of  the  com- 
mission and  all  the  provisions  of  this  act.  Whenever  the  commission 
shall  be  of  opinion  that  a  common  carrier  subject  to  its  supervision  is 
failing  or  omitting  or  about  to  fail  or  omit  to  do  anything  required  of  it 
by  law  or  by  order  of  the  commission,  or  is  doing  anything  or  about  to 
do  anything  or  permitting  anything  or  about  to  permit  anything  to  be 
done,  contrary  to  or  in  violation  of  the  law  or  of  any  order  of  the  com- 
mission, it  shall  direct  counsel  to  the  commission  to  begin,  subject  to  the 
supervision  of  the  attorney-general,  an  action  or  proceeding  in  the  supreme 
judicial  court  in  the  name  of  the  commission  for  the  purpose  of  having 
such  violations  or  threatened  violations  stopped  and  prevented  either  by 
mandamus  or  injunctions. 

Construction          SECTION  29.     This  act  shall  be  deemed  and  construed  as  a  remedial 
of  act.  act  an(j  jn  enlargement  and  extension  of  all  previous  acts  and  existing 

laws  conferring  upon  or  vesting  in  the  commission  any  jurisdiction,  powers 
or  discretion  with  respect  to  any  subject  or  matter  treated  in  this  act. 
Except  as  above  provided  all  acts  and  parts  of  acts  inconsistent  with  any 
provision  of  this  act,  and  all  acts  and  parts  of  acts  which  would  in  any 
way  limit  or  prevent  the  exercise  to  the  fullest  extent  of  any  of  the  juris- 
diction, powers,  authority  or  discretion  delegated  herein  to  the  commis- 
sion are  hereby  repealed:  provided,  that  nothing  herein  contained  shall 
be  construed  to  repeal,  directly  or  by  implication,  the  provisions  of  chap- 
ter five  hundred  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
seven,  or  to  authorize  the  commission  to  make  any  order  or  take  any 
action  inconsistent  with  the  provisions  of  said  act  or  with  any  rights 
which  have  been  acquired  by  any  common  carrier  under  any  statute  prior 
to  the  passage  of  this  act. 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES. 


169 


PART  III. 
OF  STREET  RAILWAY  COMPANIES. 


SECTION 

1.  Matters  of  construction. 

2.  Companies  subject  to  the  provi- 

sions of  the  chapter. 
3-9.  Formation. 
10-11.  Organization. 
12-13.   Officers. 
14-20.   Meetings. 
21-29.   Capital  stock. 
30-41.   Corporate  powers. 
42-50.  Land. 
51-57.   Lease  or  sale  of  railway. 

58.  Issue    of    securities    by    foreign 

corporations. 
59-63.  Gas  and  electricity. 

64.  Extension  of  location. 

65.  Alteration  of  location. 

66.  Revocation  of  location. 
67-69.  Street  or  highway  widening. 
70-72.  State  highways. 


SECTION 

73-95.  Operation. 
96-102.  Fares  and  accommodations. 

103.  Increase  of  capital  stock  and 

issue  of  bonds. 

104.  Reduction  of  capital  stock. 
105-106.  Stock  and  scrip  dividends. 
107-112.  Issue  of  capital  stock,  bonds, 

coupon  notes  and  other  evi- 
dences  of   indebtedness. 

113-116.  Railroad  crossings. 

117-121.  Liens  for  labor  and  materials. 

122-124.  Change  of  name. 

125-137.  Taxation. 

138-143.  Dissolution. 

144—146.  Sale  by  receivers. 

147-150.  Savings  banks. 

151-155.  Books,  returns  and  reports. 

156-157.  Additional  remedies. 


MATTERS   OF  CONSTRUCTION. 

SECTION  1.     In   this   act,   unless   the   context   otherwise   re-  Definitions. 

1874,  372,  §  2. 

quires:  P.  s.  iw.fi. 

"Street   railway"   or    "railway"   means   a   railroad   or   rail-  }ggf;  i^;  5  L 
way,  including  poles,  wires  or  other  appliances  and  equipment  f^1^*'  Jog- 
connected  therewith,  of  the  class  operated  by  motive  power 
other  than  steam,  and  usually  constructed  upon  the  public  ways 
and  places. 

"Location"  as  applied  to  a  street  railway,  means  the  grant 
to  a  street  railway  company  of  the  right  to  construct,  maintain 
and  operate  a  street  railway  in  a  public  way  or  place. 

"Original",  as  applied  to  a  street  railway  location  in  a  city 
or  town,  means  the  first  location  granted  to  the  company  in 
such  city  or  town. 

"Extension"  means  any  railway  constructed  by  a  street 
railway  company  in  a  city  or  town  in  addition  to  that  author- 
ized by  its  original  location  therein. 

"Board  of  aldermen",  or  "selectmen",  includes  the  board 
or  other  authority  exercising  the  powers  of  a  board  of  aldermen 
or  of  selectmen;  but  nothing  herein  shall  be  construed  as  affect- 
ing the  veto  power  of  a  mayor  of  any  city. 

"Public  way"  means  any  way  laid  out  by  public  authority. 

SECTION  2.     Street   railway   companies   shall   be   subject   to  Companies 
the  provisions  of  Parts  I  and  III.     Companies  which  have  been  provisions  of6 
specially   chartered   shall   continue  to   exercise   and   enjoy  the  1864^229^ 
powers  and  privileges  granted  and  be  subject  to  all  the  liabili-  flrV.sl'i, 
ties  imposed  by  their  respective  charters,  except  as  modified  and  ||7^- 1|  §  l 
controlled  by  any  act  in  amendment  thereof  or  by  the  provisions  P.  s.'iis,  §  i. 
of  this  act.     All  street  railway  companies  whether  organized  §§  1/28.  ' 
under  general  or  special  laws  shall  be  subject  to  anv  other  gen-  n°L.  112!  § 

12  Allen.  262. 


170 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


Formation  of 
street  railway 
company. 
1874,29,  §  1. 
P.  S.  113,  §  2. 


Agreement  of 
association. 

1863,  100. 

1864,  229,  §  21 
1871,  381,  §  27 
1874,  29, 

§§  2,  3,  4,  7. 
1877,  105. 
P.  S.  113, 
§§3,4. 

R.  L.  109,  §  8. 
R.  L.  112, 
§§  3,  4,  5. 
1905,  80. 


eral  laws  applicable  thereto.  All  provisions  of  law  which  may 
be  in  force  at  the  time  of  the  enactment  hereof  and  are  appli- 
cable to  the  Boston  Elevated  Railway  Company  or  to  com- 
panies whose  railways  were,  on  the  first  day  of  October  in  the 
year  eighteen  hundred  and  ninety-eight,  leased  or  operated  by 
it,  shall  remain  in  full  force  and  effect  in  respect  of  said  com- 
pany and  companies. 

FORMATION. 

SECTION  3.  Fifteen  or  more  persons  may  associate  them- 
selves by  a  written  agreement  of  association  with  the  intention 
of  forming  a  street  railway  company. 

R.  L.  112,  §  3.  190  Mass.  530.  199  Mass.  284. 

SECTION  4.     The  agreement  of  association  shall  state: 
(a)  That  the  subscribers  thereto  associate  themselves  with 
the  intention  of  forming  a  street  railway  company. 

(6)  The  corporate  name  assumed,  which  shall  be  one  not  in 
use  by  any  other  street  railway  company  in  this  commonwealth, 
or,  in  the  judgment  of  the  board  of  railroad  commissioners, 
so  similar  thereto  as  to  be  likely  to  be  mistaken  for  it,  and 
which  shall  contain  the  words,  "street  railway  company",  at 
the  end  thereof. 

(c)  The  termini  of  the  railway. 

(d)  The  length  of  the  railway,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  in  which  the 
railway  is  to  be  located. 

(/)  The  gauge  of  the  railway,  which  shall  be  four  feet  eight 
and  one  half  inches. 

(g)  The  total  amount  of  the  capital  stock  of  the  company, 
which  shall  be  not  less  than  ten  thousand  dollars  for  each  mile, 
unless  the  railway  is  to  be  wholly  outside  of  a  city,  in  which 
case  said  stock  shall  be  not  less  than  five  thousand  dollars  for 
each  mile. 

(A)  The  par  value  of  the  shares,  which  shall  be  one  hundred 
dollars. 

(i)  The  names  and  residences  of  at  least  five  persons  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take;  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription  unless  a  company  is  incorporated. 


Use  of  name 
or  title  of 
public  service 
corporations 
regulated. 


Acts  of  1913,  Chapter  499. 
An  Act  relative  to  the  Use  of  Names  or  Titles  of  Public  Service  Corporations. 

SECTION  1.  No  person,  partnership  or  association  owning,  holding  or 
controlling  shares  of  stock  of  any  public  service  corporation  shall  here- 
after use  any  name  or  title  or  other  word  or  words  that,  in  the  opinion  of 
the  board  of  commissioners  having  jurisdiction  over  the  public  service 
corporations  the  shares  of  which  are  or  are  to  be  held,  owned  or  controlled 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


171 


by  such  person,  partnership  or  association,  might  lead  the  public  to  believe 
that  such  person,  partnership  or  association  is  a  public  service  corpora- 
tion or  that  its  business  is  that  of  a  public  service  corporation. 

SECTION  2.    The  board  of  railroad  commissioners,  in  the  case  of  cor-  Certain  state 
porations  under  its  jurisdiction,  and  the  board  of  gas  and  electric  light  investigate 
commissioners,  in  the  case  of  corporations  under  its  jurisdiction,  the  a?d  determine 
shares  of  which  are  or  are  to  be  held,  owned  or  controlled  by  any  person, 
partnership  or  association  specified  in  section  one,  are  hereby  authorized 
to  investigate  and  determine  whether  any  such  person,  partnership  or 
association  is  violating  the  provisions  of  section  one;    and  any  person, 
partnership,  or  association  violating  any  provision  of  section  one  shall 
forfeit  to  the  commonwealth  one  hundred  dollars  a  day  for  every  day  or  Penalty, 
part  thereof  during  which  such  violation  continues  after  the  determina- 
tion aforesaid.     Any  violation  of  the  provisions  of  section  one  shall  forth-  violations  to 
with  be  reported  by  the  board  of  commissioners  to  the  attorney-general,  to  attorney- 
after  said  determination  and  notice  thereof  to  such  person,  partnership  general, 
or  association.     The  said  forfeiture  may  be  recovered  by  an  information  Recovery  of 
or  other  appropriate  proceeding  brought  in  the  supreme  judicial  court  or  forfeiture- 
superior  court  in  the  name  of  the  attorney-general.    Upon  such  informa-  Restraining 
tion  or  other  proceeding  the  court  may  issue  an  injunction  restraining  J^y^^f 
such  person,  partnership  or  association  from  further  prosecution  of  its 
business  within  the  commonwealth  during  the  pendency  of  such  proceed- 
ing or  for  all  time,  and  may  make  such  other  order  or  decree  as  equity 
and  justice  may  require. 

SECTION  3.    This  act  shall  not  apply  to  the  continued  use  by  any  Not  to  apply 
person,  partnership,  or  association,  of  any  name  or  title  which  was  adopted  p^vlousiy 
prior  to  the  passage  of  this  act.  adopted. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Approved 
April  17,  1913. 
\ 

SECTION  5.    The  directors  shall  appoint  a  clerk  and  a  treas-  cierkand 
urer  who  shall  hold  their  respective  offices  until  a  clerk  and  a  vTc^ncfe^. 
treasurer  of  the  company  are  chosen  and  qualified  in  their  stead.  P87g ;  us\\ 
The  directors  shall  fill  any  vacancy  in  their  board,  or  in  the  R- L- 112>  §  5- 
office  of  clerk  or  treasurer,  before  the  organization  of  the  com- 
pany. 

SECTION  6.     The  directors,  before  applying  for  locations  for  Publication  of 
a  railway,  shall  cause  a  copy  of  the  agreement  of  association  to  afs^ktion^ 
be  published  in  a  newspaper,  if  any,  published  in  each  of  the  p87s.'n3,\56. 
cities  and  towns  in  which  the  railway  is  to  be  located,  and,  if,  R-  ^  112>  §  6- 
in  any  county,  a  newspaper  is  published  in  none  of  said  cities 
and  towns  therein,  in  such  newspaper  published  in  said  county 
as  shall  be  designated  by  the  board  of  railroad  commissioners, 
at  least  once  in  each  of  three  successive  weeks;  and  the  swrorn 
certificate  of  the  clerk  shall  be  conclusive  evidence  of  such  publi- 
cation. 

SECTION  7.     The  board  of  aldermen  of  a  citv  or  the  select- 


$ 14 

men  of  a  town,  upon  the  petition  [by  the  president,  or  a  ma-  i87i!  ssi!  §  u.' 
jority  of  the  directors],  executed  in  accordance  with  the  by-laws  p.  s.'ns,  §7. 
or  a  vote  of  the  directors  of  a  street  railway  company  organized  R.  L!  112',  §7. ' 
or  in  process  of  organization  under  the  provisions  of  this  act,  or  Hg2' 395>  396' 
organized  under  a  special  act,  for  an  original  location  of  tracks  \%\  $££•  j^- 
in  such  city  or  town,  shall  give  fourteen  days'  notice  of  the  ^l  Mass' 41^' 


172  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


185  Mass'  is!'    ^mc  an<^  P^ace  ^or  a  hearing  on  such  petition  by  publication 
i|8  Mass,  iso!   thereof  in  one  or  more  newspapers,  if  any,  published  in  said 
192'  Mass.  106.    city  or  town;  otherwise,  in  such  newspaper  or  newspapers  pub- 
3Q2,p4w'.]G'      lished  in  the  county  in  which  the  city  or  town  is  situated  as 
25?i89oG]  May  shall  be  designated  by  the  board  of  aldermen  or  the  selectmen 
53'      °f  such  city  or  town;  and  if,  after  a  hearing,  they  are  of  opinion 
Vn9'  that  public   necessity  and  convenience  so  require,  they  may 
sis  Mass.  105.  grant  said  location,  or  any  portion  thereof,  and  may  prescribe 
i909,4ii,  \i,    how  the  tracks  shall  be  laid,  and  the  kind  of  rails,  poles,  wires 
Psegeei908,266;    and  other  appliances  which  shall  be  used,  and,  in  addition  to 
mo',  fil}  §  6:    the  general  provisions  of  law  governing  such  companies,  and  in 
respect  of  matters  not  treated  of  in  such  provisions,  impose 
such  other  terms,  conditions  and  obligations,  incidental  to  and 
not  inconsistent  with  the  objects  of  a  street  railway  company, 
as  the  public  interests  may  in  their  judgment  require;  but  no 
such  location  shall  be  valid,  until  the  board  of  railroad  com- 
missioners, after  public  notice  and  a  hearing,  shall  certify  that 
such  location  is  consistent  with  the  public  interests.* 

If  the  board  of  railroad  commissioners  requires  an  altera- 
tion in  such  location  before  certifying  that  the  same  is  con- 
sistent with  the  public  interests,  said  board  shall  notify  the 
board  of  aldermen  or  selectmen  granting  such  location  of  such 
alteration;  and  thereafter  said  board  of  aldermen  or  selectmen 
may  amend  such  location  in  accordance  with  such  alteration: 
provided,  that,  if  such  alteration  involves  a  change  in  the 
route  of  the  railway,  public  notice  and  a  hearing  shall  be  given 
as  hereinbefore  provided  in  the  case  of  an  original  application 
for  a  location;  and  thereafter  the  board  of  railroad  commis- 
sioners may,  as  a  part  of  the  original  proceedings  before  it, 
certify  that  such  location  so  amended  is  consistent  with  the 
public  interests.  A  location  so  certified  to  be  consistent  with 
the  public  interests,  shall  be  the  true  location,  if,  within  [thirty] 
sixty  days  after  the  issue  of  notice  of  said  certification  to  the 

*  In  acting  under  the  provisions  of  chapter  399  of  the  Acts  of  1902,  now  1906,  463,  part  III, 
§  7,  the  Board  of  Railroad  Commissioners  established  the  following  requirements  as  conditions 
of  approval  of  locations  granted  to  street  railway  companies:  — 

Every  location  must  be  accompanied  by  a  plan  showing  the  place  in  the  highway  to  be  occupied 
by  the  railway,  including  turnouts,  and  by  trolley  poles.  The  plan  should  also  give  grades  and 
street  lines  and  such  other  information  as  may  be  practicable. 

The  following  conditions  should  be  attached  to  grants  of  location:  — 

1.  Tee  rails  to  be  not  less  than  sixty  (60)  pounds  per  yard  in  weight. 

2.  Ties  to  be  of  suitable  timber  not  less  than  seven  (7)  feet  in  length,  six  (6)  inches  thick,  with 
six  (6)  inches  face,  and  spaced  not  more  than  two  (2)  feet  on  centres. 

3.  The  roadbed  to  be  constructed  with  at  least  eighteen  (18)  inches  of  suitable  ballast  below 
base  of  rail,  and  properly  drained. 

4.  The  railway  to  be  continuously  on  one  side  or  in  the  centre  of  the  driveway  when  circum- 
stances permit,  and  whenever  practicable  to  be  separated  from  the  driveway,  in  all  cases  the 
clearance  from  rail  to  any  obstruction  to  be  at  least  four  and  one-half  (4J^)  feet  on  tangents  and 
more  in  proportion  on  curves. 

5.  The  roadway  independent  of  the  railway  to  be  of  sufficient  width  to  properly  accommodate 
other  travel. 

6.  Crossings  of  railway  from  one  side  to  the  other  of  the  highway  to  be  avoided,  but  if  per- 
mitted, only  with  provision  for  proper  regulation  respecting  the  operation  of  cars  and  restriction 
of  speed. 

These  requirements  are  not  to  exclude  other  suitable  conditions  and  restrictions  by  local 
boards  or  by  this  board  as  the  circumstances  in  particular  cases  may  require. 

Under  date  of  January  11,  1911,  the  board  of  railroad  commissioners  adopted  the  following 
requirements  as  to  plans  showing  locations  of  street  railway  tracks:  — 

A  street  railway  company  petitioning  the  Board  for  approval  of  a  location,  or  an  extension, 
alteration  or  revocation  of  a  location  shall  accompany  its  petition  with  a  plan  indicating  in  red 
the  alignment  and  grades  of  tracks  and  position  of  poles  on  such  location  or  extension,  alteration 
or  revocation  of  location.  Said  plan  shall  be  of  such  scale  as  will  clearly  show  the  grades,  curves, 
and  locations  of  all  poles,  and  shall  have  marked  upon  it  degrees  of  curvature  or  radii  of  all  curves, 
gradients  in  percentages,  and  elevations  of  all  points  where  the  gradient  changes.  Plans  not  to 
exceed  20  x  30  inches  in  size  are  desirable  for  the  purpose  of  filing. 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  173 

company,  [a  majority  of  the  directors]  it  shall  file  a  written 
acceptance  of  such  location  executed  in  accordance  with  its 
by-laws  or  a  vote  of  its  directors  with  the  board  of  aldermen  or 
selectmen.  A  location  granted  by  a  board  of  aldermen  or 
selectmen,  but  refused  certification  hereunder  by  the  board  of 
railroad  commissioners,  or  not  accepted  as  hereinbefore  pro- 
vided, shall  be  void.  Such  location  shall  also  be  void,  if  the 
certificate  of  incorporation  of  the  street  railway  company  is 
not  issued,  and  its  organization  is  not  completed,  within  eight- 
een months  after  said  issue  of  said  notice  of  said  certification, 
or  if  application  for  said  certification  is  not  made  to  the  board 
of  railroad  commissioners  within  thirty  days  after  the  grant  of 
said  location  by  the  board  of  aldermen  or  selectmen.  If  in  any 
city  or  town  the  original  location  of  a  street  railway  company 
expires,  is  revoked,  or  otherwise  becomes  void,  the  provisions  of 
this  section  shall  apply  to  a  new  petition  for  an  original  location 
therein.  All  locations  which  were  granted  or  in  use  before  the 
first  day  of  October  in  the  year  eighteen  hundred  and  ninety- 
eight  are  ratified  and  confirmed  as  if  they  had  been  accepted 
under  the  provisions  of  this  section,  and  shall  continue  in  force, 
subject  only  to  revocation  as  provided  in  section  sixty-six,  and 
to  the  general  provisions  of  law  governing  such  companies. 

Revised  Laws,  Chapter  53,  §§  17,  19. 

SECTION  17.    No  highway,  town  way,  street,  turnpike,  canal,  railroad  Streets^|t1c'i'd 
or  street  railway  shall  be  laid  out  or  constructed  over  a  common  or  park  out  over  a 
dedicated  to  the  use  of  the  public,  or  appropriated  to  such  use  without  igTs^iealTi. 
interruption  for  a  period  of  twenty  years:   nor  shall  any  part  of  such  p-  s.54,  §  is 

,     ,    f,    .          .  •!•  vi     •  i_-    i  166  Mass.  366. 

common  or  park  be  taken  for  widening  or  altering  a  highway,  town  way  i?s  Mass.  soo. 
or  street,  except  with  the  consent  of  the  inhabitants  of  the  city  or  town,  18J> Mass>  14°- 
after  public  notice,  given  in  the  manner  provided  in  cases  of  the  location 
and  alteration  of  highways,  stating  the  extent  and  limits  of  the  portion 
thereof  proposed  to  be  taken.    Such  consent  shall  be  expressed  by  vote 
of  the  inhabitants,  if  ten  or  more  voters  file  a  request  in  writing  to  that 
effect  with  the  selectmen  or  the  mayor  and  aldermen  within  thirty  days 
after  the  publication  of  the  notice;  in  the  absence  of  such  request,  con- 
sent shall  be  presumed. 

SECTION  19.     Land  of  a  public  institution  belonging  to  the  common-  Taking  of 
wealth  shall  not  be  taken  for  a  highway,  town  way,  street,  turnpike,  'jfJwichwtitu- 
canal,  railroad  or  street  railway  without  leave  of  the  general  court.  V«'?=;reuna&e^' 

P.  S.  54,  §  15.  [2  Op.  A.  G.  234.] 

Revised  Laws,  Chapter  212,  §  69. 

SECTION  69.    Whoever  lays  out,  opens,  or  makes  a  highway  or  town  Making  road, 
way,  or  constructs  a  railroad  or  canal,  or  any  other  thing  in  the  nature  bMwfground 
of  a  public  easement,  over,  through,  in  or  upon  any  part  of  an  enclosure,  1834- 187,  §  i. 
which  is  the  property  of  a  city,  town,  parish,  religious  society  or  of  private  eo;  so,  §'21. 
proprietors  and  is  used  or  appropriated  for  the  burial  of  the  dead,  unless  p- 1-  g^  f  51" 
authority  for  that  purpose  is  specially  granted  by  law,  or  unless  the  con- 
sent of  such  city,  town,  parish,  religious  society  or  proprietors,  respec- 
tively, is  first  obtained,  shall  be  punished  by  a  fine  of  not  more  than  two 
thousand  dollars  or  by  imprisonment  for  not  more  than  one  year. 


174 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


Revised  Laws,  Chapter  28,  §  11. 

pen*ftuaibe  SECTION  11.    Land  taken  for  or  held  as  a  park  by  cities  and  towns 

ills'  754'  *  10'  unc^er  ^ne  Provisions  of  this  chapter  shall  be  forever  kept  open  and  main- 
178  Mass.  soo.  tained  as  public  parks;  but,  except  in  parks  in  the  city  of  Boston  and  in 
parks  comprising  less  than  one  hundred  acres  in  extent,  structures  for 
shelter,  refreshment  and  other  purposes  may  be  erected  of  such  material 
and  in  such  places  as,  in  the  opinion  of  the  fire  commissioners,  if  any,  do 
not  endanger  buildings  beyond  the  limits  of  such  park;  and  the  provi- 
sions of  section  twenty  of  chapter  fifty-three  shall  not  apply  to  such  build- 
ings. No  street  or  way  and  no  steam  railroad  or  street  railway  shall  be 
laid  out  over  any  portion  of  such  park  except  in  places  and  in  the  manner 
approved  by  the  board  of  park  commissioners. 


Land  around 
state  house  to 
remain  open. 
1894,  532,  §  6. 


Metropolitan 
park  commis- 
sioners may 
grant  locations 
to  street  rail- 
ways. 

To  give  notice 
of  time  and 
place  of  hear- 
ing, etc. 


Proviso. 


Locations  may 
be  extended  or 
revoked,  etc. 

Provisos. 


Copy  of  order 
to  permit  loca- 
tion, etc.,  to  be 


Revised  Laws,  Chapter  10,  §  20. 

SECTION  20.  The  land  now  taken  by  the  commonwealth  about  the 
state  house  shall  remain  an  open  space,  and  no  railroad  or  railway  shall 
be  constructed  or  operated  in,  upon  or  over  the  same.  A  grant  made  to 
a  railroad  or  railway  corporation  shall  not  be  construed  to  include  any 
portion  of  said  land. 

Acts  of  1900,  Chapter  413. 

An  Act  to  authorize  the  Board  of  Metropolitan  Park  Commissioners  to 
grant  Locations  to  Street  Railway  Companies. 

SECTION  1.  The  board  of  metropolitan  park  commissioners  shall  have 
authority  to  grant  locations,  as  provided  herein,  to  street  railways 
within  the  roads,  boulevards,  parks  and  reservations  in  its  care  and 
control. 

SECTION  2.  Said  board,  upon  petition  of  the  directors  of  a  street  rail- 
way company,  or  of  a  majority  thereof,  for  such  location,  shall  give  notice 
to  all  parties  interested  of  the  time  and  place  at  which  the  board  will  give 
a  hearing  upon  such  petition,  at  least  fourteen  days  before  the  hearing, 
by  publication  in  one  or  more  newspapers  published  in  each  city  or  town 
in  which  the  location  petitioned  for  would  lie,  and  if  none  such  is  pub- 
lished then  by  publication  in  one  or  more  newspapers  published  in  each 
county  in  which  the  location  petitioned  for  would  lie;  and  after  hearing, 
if  in  the  opinion  of  the  board  public  convenience  and  necessity  so  require, 
it  may  grant  such  location,  or  any  part  thereof,  upon  such  terms,  condi- 
tions and  obligations,  and  for  such  compensation,  as  the  public  interest 
and  a  due  regard  for  the  rights  of  the  commonwealth  may  require :  pro- 
vided, that  nothing  herein  contained  shall  authorize  the  said  board  to 
grant  a  location  for  poles  and  overhead  wires  in  any  road,  boulevard,  park 
or  parkway,  without  the  approval  of  the  governor  and  council.  Such 
locations  shall  be  void  unless  accepted  in  writing  by  the  directors  of  such 
railroad  company,  or  by  a  majority  thereof,  within  thirty  days  after  re- 
ceiving notice  thereof. 

SECTION  3.  Said  board  may  by  order  alter,  extend  or  revoke  any 
location  granted  by  it  whenever  in  its  opinion  the  public  interest  or  the 
rights  of  the  commonwealth  so  require:  provided,  however,  that  before  so 
doing  notice  and  hearing  shall  be  given  to  the  company  and  all  persons 
interested,  as  provided  in  section  two  of  this  act;  and  provided,  further, 
that  any  railroad  company  or  any  persons  interested  in  any  such  order 
may  appeal  therefrom  to  the  governor  and  council,  within  fourteen  days 
after  the  filing  of  a  copy  of  such  order  as  hereinafter  provided. 

SECTION  4.  Said  board,  within  fourteen  days  after  making  any  order 
which  operates  to  permit  a  use  or  location  hereunder  to  any  street  rail- 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  1 75 

way,  or  an  extension,  alteration  or  revocation  of  a  use  or  location  pre-  deposited  with 
viously  granted,  shall  deposit  a  copy  of  such  order  in  the  office  of  the  clerk  o^town.01^ 
of  the  city  or  town  within  which  the  location  or  use  is  permitted,  altered, 
extended  or  revoked,  and  the  clerk  of  that  city  or  town  shall  receive  and 
record  the  same. 

SECTION  5.    The  share  of  the  tax  paid  by  any  street  railway  company  Certain  share 
operating  hereunder,  into  the  treasury  of  the  commonwealth,  which  street  railway 
would  under  other  provisions  of  law  be  apportioned  to  the  city  or  town  companies  to 
within  which  its  tracks  laid  hereunder  are  situated,  shall  be  apportioned  to  thePcom°net 
to  the  commonwealth  and  credited  by  the  treasurer  to  the  sinking  fund  ™°nwealth> 
of  the  loan  to  which  the  expenditure  for  the  road,  boulevard,  park  or 
reservation  in  which  the  tracks  are  located  was  charged. 

SECTION  6.     All  street  railway  companies  operating  hereunder  shall  Certain  provi- 
remain  subject  to  the  duties  and  liabilities  imposed  by  other  provisions  apply,  etc. 
of  law  not  inconsistent  herewith,  and  shall  have  the  powers,  duties  and 
rights  herein  authorized,  all  of  which  shall  be  in  addition  to  and  in  amend- 
ment of  any  charter  or  special  provision  of  law  or  of  the  general  laws  under . 
which  they  are  organized. 

SECTION  7.    This  act  shall  take  effect  upon  its  passage.     [Approved 
June  27,  1900. 

Acts  of  1901,  Chapter  413. 

An  Act  to  authorize  the  Wachusett  Mountain  State  Reservation  Com- 
mission to  grant  Locations  to  Street  Railway  Companies. 

SECTION  1.  The  Wachusett  mountain  state  reservation  commission  The  Wachusett 
shall  have  authority  to  grant  locations,  as  provided  herein,  to  street  rail-  res^at^n*^6 
ways  within  the  roads,  parks  and  reservations  under  its  control.  commission 

SECTION  2.     Said  commission,  upon  petition  of  the  directors  of  a  street  i^atumlfto 
railway  company,  or  of  a  majority  thereof,  for  such  location,  shall  give  s*reet  railways, 
a  hearing  thereon,  notice  of  the  time  and  place  of  which  shall  be  given  given,nJtc° 
to  all  persons  interested  at  least  fourteen  days  before  the  hearing,  by 
publication  in  one  or  more  newspapers  published  in  each  city  or  town  in 
which  the  location  petitioned  for  lies,  and  if  none  such  is  published  then 
by  publication  in  one  or  more  newspapers  published  in  each  county  in 
which  the  location  petitioned  for  lies ;    and  after  the  hearing,  if  in  the 
opinion  of  the  commission  public  necessity  and  convenience  so  require, 
it  may  grant  such  location,  or  any  part  thereof,  upon  such  terms,  condi- 
tions and  obligations,  and  for  such  compensation,  as  the  public  interest 
and  a  due  regard  for  the  rights  of  the  commonwealth  may  require.    Such 
locations  shall  be  void  unless  accepted  in  writing  by  the  directors  of  the 
railway  company,  or  by  a  majority  of  them,  within  thirty  days  after 
receiving  notice  thereof. 

SECTION  3.    Within  the  limits  of  the  Wachusett  mountain  state  reser-  Commission  to 
vation  the  Wachusett  mountain  state  reservation  commission  shall  have  over  iocatio"!y 
full  authority  over  the  location  of  any  such  railway,  and  over  the  method  etc- 
and  manner  of  its  construction,  and  of  its  kind  of  motive  power,  and 
generally  shall  have  such  control  of  its  operation  and  condition  as  said 
commission  may  deem  reasonably  necessary  to  insure  the  safety  and 
convenience  of  the  public. 

SECTION  4.    The  share  of  the  tax  paid  into  the  treasury  of  the  com-  share  of  tax 
monwealth  by  any  street  railway  company  operating  hereunder  which  app^rtio'ned  to 
would  under  other  provisions  of  law  be  apportioned  to  the  city  or  town  thecommon- 
within  which  its  tracks  laid  hereunder  are  situated,  shall  be  apportioned  w 
to  the  Commonwealth  and  credited  by  the  treasurer  to  the  sinking  fund 
of  the  loan  to  which  the  expenditure  for  the  road,  park  or  reservation  in 
which  the  tracks  are  located  was  charged. 


176 


PART   III.  —  OF    STREET    RAILWAY   COMPANIES. 


Temporary 
locations  for 
street  rail- 
ways. 

See  1910,  618; 
1911,44%- 


Applications 
to  board  of 
railroad  com- 
missioners. 


Companies  to  SECTION  5.  All  street  railway  companies  operating  hereunder  shall 
powers,  duties,  remain  subject  to  the  duties,  liabilities  and  restrictions  imposed  by  other 
provisions  of  law  not  inconsistent  herewith,  and  shall  have  the  powers, 
duties  and  rights  herein  authorized,  all  of  which  shall  be  in  addition  to 
and  in  amendment  of  any  charter  or  special  provision  of  law  or  of  the 
general  laws  under  which  such  companies  are  organized. 

SECTION  6.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  17,  1901. 

Acts  of  1908,  Chapter  266. 
An  Act  relative  to  Temporary  Location  for  Street  Railways. 

SECTION  1.  If  a  bridge  upon  which  a  street  railway  company  is 
authorized  to  lay  and  use  tracks  is  being  or  is  to  be  altered,  rebuilt,  im- 
proved or  repaired,  the  board  of  aldermen  of  a  city  or  the  selectmen  of  a 
town  upon  the  petition  of  the  president  or  a  majority  of  the  directors  of 
such  street  railway  company  may  grant  a  temporary  location  for  the 
extension  of  the  tracks  of  such  company  in  any  streets  or  highways  in 
such  city  or  town  so  as  to  provide  such  connection  between  the  existing 
tracks  of  such  street  railway  company  upon  either  side  of  such  bridge  as 
will  prevent  any  interruption  of  proper  transportation  facilities  by  reason 
of  such  alteration,  improvement,  rebuilding  or  repair,  and  may  prescribe 
how  said  tracks  shall  be  laid  and  the  kind  of  rails,  poles,  wires  and  other 
appliances  to  be  used. 

SECTION  2.  A  street  railway  company  whose  petition  for  such  tem- 
porary location  has  been  refused  in  whole  or  in  part,  or  has  been  neither 
granted  nor  refused,  within  fourteen  days  after  the  filing  thereof,  may 
apply  to  the  board  of  railroad  commissioners  for  such  temporary  loca- 
tion. If  it  shall  appear  to  the  board  of  railroad  commissioners  that 
public  necessity  and  convenience  require  such  temporary  location,  the 
board  may  enter  a  decree  granting  the  same.  In  granting  the  location 
the  board  may  prescribe  the  use  of  such  appliances  and  impose  such  condi- 
tions and  obligations  as  seem  to  them  proper. 

SECTION  3.  The  temporary  location  herein  provided  for,  if  granted 
by  municipal  authority,  shall  not  be  valid  unless  the  board  files  with  the 
clerk  of  the  city  or  town  concerned  a  certificate  that  the  granting  of  the 
location  is  consistent  with  the  public  interest;  and  in  no  case  shall  the 
location  be  valid  unless  within  thirty  day^  after  the  filing  of  the  said 
certificate,  or  after  the  entering  of  a  decree  by  the  said  board,  a  majority 
of  the  directors  of  the  company  shall  file  with  the  said  board  a  written 
acceptance  of  the  location. 

SECTION  4.  A  street  railway  company  which  is  granted  such  tempo- 
rary location  for  the  extension  of  its  tracks  shall  not  maintain  such 
tracks  nor  operate  cars  over  the  same  beyond  the  period  during  which 
the  operation  of  its  cars  over  such  bridge  is  interrupted  by  reason  of 
such  alteration,  improvement,  rebuilding  or  repair,  and  at  the  end  of 
such  period  shall  remove  its  tracks  from  the  streets  or  highways  upon 
and  over  which  such  temporary  location  has  been  granted. 

SECTION  5.  If  such  bridge  is  altered,  rebuilt,  improved  or  repaired 
under  the  provisions  of  sections  twenty-three,  twenty-four,  twenty-five, 
twenty-six,  twenty-seven  and  twenty-eight  of  Part  I  of  chapter  four 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six,  the  cost  of  the  construction  of  the  tracks  of  the  street  railway  com- 
pany upon  and  over  such  temporary  location  shall  be  reckoned  as  a 
part  of  the  charges  and  expenses  of  the  alteration,  improvement  or 
repair  of  the  crossing,  to  be  apportioned  by  the  special  commission  as 
provided  thereunder.  [Approved  March  24,  1908. 


Location  not 
valid  unless. 


Limit  of 
time  for  use 
of  location. 


Expense  of 
construction  of 
tracks  to  be 
apportioned. 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES. 


177 


Acts  of  1909,  Chapter  417,  §  1. 
An  Act  relative  to  Locations  of  Street  Railway  Companies. 

SECTION  1.    Section  seven  of  Part  III  of  chapter  four  hundred  and  p^rt'in3*  7 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended, 
amended  by  striking  out  the  words  "by  the  president  or  a  majority  of  fj*/!oJ.'^' 
the  directors",  in  the  second  and  third  lines,  and  inserting  in  place 
thereof  the  words :  —  executed  in  accordance  with  the  by-laws  or  a  vote 
of  the   directors,  —  by  striking  out  the  word  "thirty",  in  the  forty- 
second   line,    and  inserting  in  place  thereof  the  word :  —  sixty,  —  by 
striking  out  the  words  "a  majority  of  the  directors",  in  the  forty-fourth 
line,  and  inserting  in  place  thereof  the  word :  —  it,  —  and  by  inserting 
after  the  word  "location",  in  the  forty-fifth  line,  the  words:  —  executed 
in  accordance  with  its  by-laws  or  a  vote  of  its  directors,  —  so  as  to  read 
as  follows :  —  Section  7.     [For  §  7  as  amended,  see  above.] 

Acts  of  1911,  Chapter  442. 
An  Act  relative  to  Pole  and  Wire  Locations  of  Street  Railway  Companies. 

SECTION  1.    A  street  railway  company  may,  for  all  purposes  necessary  Pole  and  wire 
or  reasonably  incident  to  the  construction,  maintenance  or  operation  of  ItreeTr^liway 
its  railway,  generate,  manufacture,  use  and  transmit  electricity  in  any  ^fgfj68' 
city  or  town  in  which  it  may  be  authorized  to  operate  its  railway,  and  48 1, 509'. 
for  that  purpose  may  erect  and  maintain,  as  a  part  of  its  railway,  and 
subject  to  the  provisions  of  sections  seven,  sixty-four,  sixty-five  and  sixty- 
six,  respectively,  of  Part  III  of  chapter  four  hundred  and  sixty-three  of 
the  acts  of  the  year  nineteen  hundred  and  six,  relative  to  the  grant  and 
revocation  of  authority  therefor,  poles  and  trolley,  feed  and  stay  wires, 
and  other  proper  devices  for,  or  used  in  connection  with,  the  transmission 
of  electricity,  of  such  materials  and  workmanship  as  may  be  prescribed 
in  the  grant  of  authority  therefor,  in,  over  and  under  any  streets,  highways 
and  bridges  in  any  such  city  or  town:   provided,  that  authority  to  erect  Proviso, 
and  maintain  the  same  has  been,  or  shall  hereafter  be,  granted  by  the 
board  of  aldermen  of  the  city  or  selectmen  of  the  town,  respectively;  and 
may  also  erect  and  maintain  such  poles,  wires  and  other  devices  upon 
and  over  any  private  land,  with  the  consent  of  the  owners  thereof. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.    [Approved 
May  13,  1911. 

LOCATIONS   IN   BOSTON,    CAMBRIDGE   AND   BROOKLINE. 

Acts  of  1887,  Chapter  413. 

SECTION  8.    No  location  and  no  alteration  or  revocation  of  location  Location  not 
of  a  street  railway,  and  no  authority  to  run  cars  over  or  use  the  tracks  of  untn  approved 
another  street  railway,  whether  surface  or  elevated,  in  the  cities  of  Boston,  ^^co™11' 
Cambridge,  or  in  the  town  of  Brookline,  shall  hereafter  be  valid  until  missioners. 
approved  by  the  board  of  railroad  commissioners.    Nothing  herein  con-  p^  m^'/rf' 
tained  shall  affect  any  proceeding  now  pending  before  the  mayor  and  above.] 
board  of  aldermen  of  the  city  of  Cambridge. 

Revised  Laws,  Chapter  121,  §§  24,  26. 

SECTION  24.    A  person  or  corporation,  not  a  railway  company,  engaged  Electricity  for 
in  the  business  of  transmitting  electricity  for  light  or  power  through  cooking  pur- 
wires  located  over  or  under  the  streets  and  highways  may  sell  such  ^g||s'420 
electricity  for  operating  heating,   cooking  and  kindred  apparatus  and  iss  Mass.  250. 


178 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


Erection  of 
wires  of  differ- 
ent companies 
restricted. 
1887,  382, §3. 
1892,  274. 
1895,  350. 
1901,  389. 
157  Mass. 86. 
188  Mass.  250. 
197  Mass.  666. 
[1  Op.  A.  G. 
88.] 
See  1908,  617. 

Presentation 
of  agreement 
of  association, 
and  annexed 
certificates,  to 
board  of  rail- 
road commis- 
sioners. 
1872,53,  §9. 
1874,372,  §  28. 
P.  S.  112,  §43. 
R.L.I  11, 1  45. 
R.  L.  112,  §8. 


Certificate  of 
incorporation. 
1872,  53,  §  10. 
1874.  372,  §  29. 
1881,  161. 
P.  S.  112,  §44. 
R.  L.  Ill,  §46. 
R.  L.  112,  §  8. 


Form  of 
certificate. 


motors:  but  the  provisions  of  this  section  shall  not  confer  upon  such 
person  or  corporation  the  exclusive  right  to  sell  or  distribute  electricity 
in  any  city  or  town  for  such  purposes. 

SECTION  26.  In  a  city  or  town  in  which  a  company,  corporation  or 
person  is  engaged  in  the  manufacture  or  sale  of  electric  light  no  other 
person,  firm  or  corporation  shall  lay,  erect,  maintain  or  use,  over  or  under 
the  streets,  lanes  and  highways  of  such  city  or  town,  any  wires  for  the 
transmission  of  electricity  for  light,  heat  or  power  except  wires  used  for 
heat  or  power  by  street  railway  companies,  without  the  consent  of  the 
mayor  and  aldermen  of  such  city  or  selectmen  of  such  town  granted  after 
notice  to  all  parties  interested  and  a  public  hearing. 

SECTION  8.  When  the  amount  of  capital  stock  named  in 
the  agreement  of  association  has  been  subscribed  in  good  faith 
by  responsible  persons,  and  ten  per  cent  of  the  par  value  of 
each  share  has  been  actually  paid  in  cash  to  the  treasurer,  the 
directors,  clerk  and  treasurer  shall  annex  to  the  agreement  of 
association  their  certificate  setting  forth  these  facts,  and  that 
it  is  intended  in  good  faith  to  locate,  construct,  maintain  and 
operate  the  railway  as  described  in  said  agreement,  shall  annex 
to  said  agreement  the  certificate  of  publication  specified  in 
section  six  and  the  several  certificates  of  location,  and  shall  pre- 
sent the  same  for  inspection  to  the  board  of  railroad  commis- 
sioners. 

SECTION  9.  When  it  is  shown  to  the  satisfaction  of  the  board 
of  railroad  commissioners  that  the  requirements  of  this  act 
preliminary  to  the  incorporation  of  a  company  have  been  com- 
plied with,  and  that  locations  have  been  obtained  for  a  railway 
between  the  termini  and  substantially  over  the  route  set  forth 
in  the  agreement  of  association,  the  clerk  of  said  board,  upon 
its  order,  shall  annex  to  the  agreement  of  association  a  certifi- 
cate stating  such  fact.  The  directors  shall  thereupon  file  the 
agreement  of  association,  with  all  the  certificates  annexed 
thereto,  including  the  plan,  if  any,  required  by  the  board  of 
railroad  commissioners,  in  the  office  of  the  secretary  of  the 
commonwealth;  who,  upon  the  payment  to  him  of  a  fee  of  fifty 
dollars,  shall  receive  and  preserve  the  same  in  form  convenient 
for  reference  and  open  to  public  inspection;  and  shall  thereupon 
issue  a  certificate  of  incorporation  substantially  in  the  following 
form :  — 

COMMONWEALTH  OF  MASSACHUSETTS. 

Be  it  known  that  whereas  [names  of  the  subscribers  to  the  agreement 
of  association]  have  associated  themselves  with  the  intention  of  forming 
a  corporation  under  the  name  of  the  [name  of  the  company],  for  the 
purpose  of  locating,  constructing,  maintaining  and  operating  a  street 
railway  [description  of  the  railway  as  in  the  agreement  of  association], 
and  have  complied  with  the  statutes  of  this  commonwealth  in  such  cases 
made  and  provided:  Now,  therefore,  I,  ,  secretary  of 

the  commonwealth  of  Massachusetts,  do  hereby  certify  that  the  persons 
aforesaid,  their  associates  and  successors,  are  legally  established  as  a 
corporation  under  the  name  of  the  [name  of  the  company],  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  liabilities  and  restric- 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  179 

tions,  set  forth  in  all  general  laws  which  now  are  or  hereafter  may  be 
in  force  relating  to  street  railway  companies. 

In  witness  whereof,  I  have  hereunto  subscribed  my  official  signature, 
and  affixed  the  Great  Seal  of  said  commonwealth,  this  day 

of  ,  in  the  year  [day,  month  and  year]. 

The  secretary  of  the  commonwealth  shall  sign  the  certificate 
of  incorporation,  and  cause  the  Great  Seal  of  the  common- 
wealth to  be  thereto  affixed,  and  such  certificate  shall  have 
the  force  and  effect  of  a  special  charter.  The  secretary  of  the 
commonwealth  shall  also  cause  a  record  of  the  certificate  of 
incorporation  to  be  made,  and  such  certificate,  or  such  record, 
or  a  certified  copy  thereof,  shall  be  conclusive  evidence  of  the 
existence  of  such  corporation. 

ORGANIZATION. 

SECTION  10.     Upon  the  issue  of  such  certificate  of  incorpora-  First  meeting 
tion,  the  first  meeting  of  the  incorporators  shall  be  called  by  torsncorpora 
a  notice  signed  by  a  majority  of  the  directors;  and  such  notice  Ifyf'  fygYib 
shall  state  the  time,  place  and  purposes  of  the  meeting.     A  Jf^f'f^' 
copy  of  such  notice  shall,  seven  davs  at  least  before  the  day  P.  s.'  112,  §45. 

•  *  R.   L   111    5  48 

appointed  for  the  meeting,  be  given  to  each  incorporator  or  left  R!  L!  112,'  §  &. 
at  his  residence  or  usual  place  of  business,  or  deposited  in  the  ^190S-4S7' 
post  office,  postage  prepaid,  and  addressed  to  him  at  his  resi- 
dence or  usual  place  of  business,  and  another  copy  thereof,  and 
an  affidavit  of  the  clerk  that  the  notice  has  been  duly  served, 
shall  be  recorded  with  the  records  of  the  company.     If  all  of 
the  incorporators  shall  in  writing  waive  such  notice  and  fix  the 
time  and  place  of  the  meeting,  no  notice  shall  be  required. 

SECTION  11.     At  such  first  meeting,  or  at  any  adjournment  Organization. 
thereof,   the  incorporators  shall  organize  by  the  adoption  of  s'ee  isos,  '437,' 
by-laws,  and  by  the  election,  by  ballot,  of  not  less  than  five  5 
directors.     The  clerk  appointed  by  the  directors  under  section 
five  shall  make  and  attest  a  record  of  the  proceedings  until  the 
clerk  of  the  company  has  been  chosen  and  sworn,  including  a 
record  of  such  choice  and  qualification. 

OFFICERS. 


cers. 


SECTION  12.  The  business  of  every  company  shall  be  man-  offic 
aged  and  conducted  by  a  president,  a  board  of  not  less  than  Jfyt;  Isi',  f  I 
five  directors,  a  clerk,  a  treasurer  and  such  other  officers  and  ^  |-  {  j|  §  15 
such  agents  as  the  company  by  its  by-laws  shall  authorize. 

See  1903,  437,  §  17.  167  Mass.  161. 

SECTION  13.     The  directors  shall  be  elected  annually  by  the  Election  of 
stockholders  by  ballot,  and  the  president  shall  be  elected  annu-  islT.^o,  §  2. 
ally  by  and  from  the  board  of  directors,  and  the  treasurer  and  ^87g-  ^-  1  1 
the  clerk  annually  by  said  board.     Every  director,  unless  the  f^^2'/!/5- 
by-laws  otherwise  provide,  shall  be  a  stockholder.     The  treas-  §  is. 
urer  may  be  required  to  give  a  bond  for  the  faithful  perform-  1909,417, 
ance  of  his  duty  in  such  sum  and  with  such  sureties  as  the     6>  6' 
by-laws  may  prescribe.     The  clerk,  who  shall  be  a  resident  of 


180  PART   III. — OF   STREET  RAILWAY  COMPANIES. 

this  commonwealth,  shall  be  sworn,  and  shall  record  all  votes 
of  the  company  in  a  book  to  be  kept  for  that  purpose.  The 
officers  of  a  company  shall  hold  office  for  one  year  and  until 
their  successors  are  chosen  and  qualified.  The  manner  of 
choosing  or  of  appointing  all  other  agents  and  officers  and  of 
filling  all  vacancies  shall  be  prescribed  by  the  by-laws,  and,  in 
default  of  provision  by  such  by-laws,  vacancies  may  be  filled 
by  the  board  of  directors.  Any  requirement  in  the  general  laws 
of  action  to  be  taken  or  instruments  to  be  signed  by  the  president, 
directors  or  a  majority  of  the  directors,  of  a  street  railway  com- 
pany, relative  to  the  grants,  extensions,  alterations  and  revocations 
of  location,  abolition  of  grade  crossings  and  rights  in  state  high- 
ways, shall  be  sufficiently  and  legally  complied  with  if  such  action 
is  taken  by  a  vote,  or  if  such  instrument  is  executed  in  accordance 
with  and  by  the  person  or  persons  designated  in,  a  vote  of  the 
directors  of  such  company,  at  a  meeting  duly  and  properly  held, 
at  which  a  quorum  of  the  board  is  present. 

[See  page  179,  §  13.] 
Acts  of  1909,  Chapter  417,  §§  5,  6. 

1906, 463,  SECTION  5.    Section  thirteen  of  Part  III  of  said  chapter  four  hundred 

amended.  '  and  sixty-three  is  hereby  amended  by  adding  at  the  end  thereof  the 
48i  ^oit'*42'  following' —  Any  requirement  in  the  general  laws  of  action  to  be  taken 
or  instruments  to  be  signed  by  the  president,  directors,  or  a  majority 
of  the  directors,  of  a  street  railway  company,  relative  to  the  grants, 
extensions,  alterations,  and  revocations  of  location,  abolition  of  grade 
crossings  and  rights  in  state  highways,  shall  be  sufficiently  and  legally 
complied  with  if  such  action  is  taken  by  a  vote,  or  if  such  instrument  is 
executed  in  accordance  with,  and  by  the  person  or  persons  designated 
in,  a  vote  of  the  directors  of  such  company,  at  a  meeting  duly  and  properly 
held,  at  which  a  quorum  of  the  board  is  present,  —  so  as  to  read  as  follows: 
officers0  °f  — Section  13.  The  directors  shall  be  elected  annually  by  the  stock- 
holders by  ballot,  and  the  president  shall  be  elected  annually  by  and 
from  the  board  of  directors,  and  the  treasurer  and  the  clerk  annually  by  said 
board.  Every  director,  unless  the  by-laws  otherwise  provide,  shall  be 
a  stockholder.  The  treasurer  may  be  required  to  give  a  bond  for  the 
faithful  performance  of  his  duty  in  such  sum  and  with  such  sureties  as 
the  by-laws  may  prescribe.  The  clerk,  who  shall  be  a  resident  of  this 
commonwealth,  shall  be  sworn,  and  shall  record  all  votes  of  the  company 
in  a  book  to  be  kept  for  that  purpose.  The  officers  of  a  company  shall 
hold  office  for  one  year  and  until  their  successors  are  chosen  and  qualified. 
The  manner  of  choosing  or  of  appointing  all  other  a,gents  and  officers  and 
of  filling  all  vacancies  shall  be  prescribed  by  the  by-laws,  and,  in  default 
of  provision  by  such  by-laws,  vacancies  may  be  filled  by  the  board  of 
directors.  Any  requirement  in  the  general  laws  of  action  to  be  taken 
or  instruments  to  be  signed  by  the  president,  directors,  or  a  majority 
of  the  directors,  of  a  street  railway  company,  relative  to  the  grants, 
extensions,  alterations,  and  revocations  of  location,  abolition  of  grade 
crossings  and  rights  in  state  highways,  shall  be  sufficiently  and  legally 
complied  with  if  such  action  is  taken  by  a  vote,  or  if  such  instrument 
is  executed  in  accordance  with,  and  by  the  person  or  persons  desig- 
nated in,  a  vote  of  the  directors  of  such  company,  at  a  meeting  duly 
and  properly  held,  at  which  a  quorum  of  the  board  is  present. 


PAKT   III.  —  OF   STREET   RAILWAY   COMPANIES.  181 

SECTION  6.    Sections  seven,  sixty-four,  sixty-five  and  seventy  of  Part  ®ostjnJ?-,e". 
Ill  of  said  chapter  four  hundred  and  sixty-three,  as  amended  by  this  Company.  *a 
act,  and  section  sixty-six  of  Part  III  of  said  chapter,  shall  apply  to  the  fpp\ly  ns  to 
Boston  Elevated  Railway  Company  in  respect  to  the  street  railways 
at  any  time  owned,  leased  or  operated  by  it,  and  to  companies  whose 
railways  were,  on  the  first  day  of  October  in  the  year  eighteen  hundred 
and  ninety-eight,  leased  or  operated  by  it.    [Approved  May  20,  1909. 

SECTION  14.    There  shall  be  an  annual  meeting  of  the  stock-  Meetings  of 
holders,  and  the  time  and  place  of  holding  it,  and  the  manner  1864, 229,  "3. 
of  conducting  it,  shall  be  fixed  by  the  by-laws.     All  meetings  p87s.'  113,  §  ib. 
of  stockholders  shall  be  held  in  the  commonwealth,  and  shall  be  ^eh&os,'^' 
called,  and  notice  thereof  given,  in  the  manner  provided  in  the  §ao- 
by-laws  of  the  company;  or,  if  the  by-laws  make  no  provision 
therefor,   shall   be   called  by  the  president,  and  a  written  or 
printed  notice,  stating  the  place,  day  and  hour  thereof,  given 
by  the  clerk,  at  least  seven  days  before  such  meeting,  to  each 
stockholder  by  leaving  such  notice  with  him  or  at  his  residence 
or  usual  place  of  business,  or  by  mailing  it,  postage  prepaid, 
and  addressed  to  each  stockholder  at  his  address  as  it  appears 
upon  the  books  of  the  company.     Unless  the  by-laws  otherwise 
provide,   a  majority  in   interest   of  all  stock  issued  and  out- 
standing and  entitled  to  vote  shall  constitute  a  quorum.     No- 
tices of  all  meetings  of  stockholders  shall  state  the  purposes  for 
which  the  meetings  are  called.     No  notice  of  the  time,  place  or 
purpose  of  any  regular  or  special  meeting  of  the  stockholders 
shall  be  required  if  every  stockholder,  or  his  attorney  thereunto 
authorized,  by  a  writing  which  is  filed  with  the  records  of  the 
meeting,  waives  such  notice. 

SECTION  15.     If,  by   reason  of  the  death  or  absence  of  the  May  be  called 

rr*  a    ,i  ,1  ,i  •  under  warrant 

officers  of  the  company  or  other  cause,  there  is  no  person  au-  Of  justice  of 
thorized  to  call  or  preside  at  a  legal  meeting,  or  if  the  clerk  or  iglaflg6' 
other  officer  refuses  or  neglects  to  call  it,  a  justice  of  the  peace  Q  f •  ||- 1  f 
may,  upon  written   application  of  three  or  more  of  the  stock-  ^-  £•  |°j>- 1  ji- 
holders,  issue  a  warrant  to  any  one  of  them,  directing  him  to  see  IMS,  '437, 
call  a  meeting  by  giving  such  notice  as  is  required  by  law,  and 
may,  by  the  same  warrant,  direct  him  to  preside  at  the  meeting 
until  a  clerk  is  chosen  and  qualified,  if  no  officer  of  the  com- 
pany is  present  who  is  legally  authorized  to  preside. 

SECTION  16.     A  special  meeting  of  the  stockholders  shall  be  special 
called,  and  a  written  or  printed  notice  thereof,  stating  the  time,  Tw^/oi. 
place  and  purpose   of  the  meeting,  given,  by  the  clerk  upon  fsof,  99.2' 5  52' 
written  application  of  three  or  more  stockholders  who  are  en-  ]LLyJ0s,'Js7?' 
titled  to  vote,  and  who  hold  at  least  one  tenth  part  in  interest  §^- 
of  the  capital  stock. 

SECTION  17.     A  company  shall  not  directly  or  indirectly  vote  voting  rights 

•  •  t,-  i  °f  company 

upon  any  share  ot  its  own  stock.  upon  its  own 

R.  L.  112,  §  17.  See  1903,  437,  §  S3. 

SECTION  18.     Stockholders   who   are   entitled   to   vote   shall  h^idfersrk 
have  one  vote  for  each  share  of  stock  owned  by  them.    Stock-  %l$e%2Q 
holders  may  vote  either  in  person  or  by  proxy.     No  proxy  §§  4,'s. 


182  PART   III.  —  OF   STREET  RAILWAY   COMPANIES. 

IH1,'!.81'  which  is  dated  more  than  six  months  before  the  meeting  named 
fiii1!!'  therein  shall  be  accepted,  and  no  such  proxy  shall  be  valid 
1889,210.  after  the  final  adjournment  of  such  meeting. 

R.  L.  112,  §  17.  See  1903,  437,  §  24. 

S°fiduc[ar?ts  SECTION  19.  Executors,  administrators,  guardians,  trustees 
isTofssf §"2.  or  Persons  in  anv  other  representative  or  fiduciary  capacity  may 
ml  it'  1 15'  vote  as  stockholders  upon  stock  held  in  such  capacity. 

G.  S.  68,  11.  R.  L.  109,  §  17.  101  Mass.  398. 

P.  S.  105,  §  13.  9  Cush.  192.  See  1903,  437,  §  29. 

dtortSS!  °f  SECTION  20.     Meetings  of  the  board  of  directors  may  be  held 

Seewo3,437,    within  or   without  the  commonwealth.     Any   meeting  of  the 

board  of  directors  shall  be  a  legal  meeting  without  notice,  if 

each  director  who  is  absent,  by  a  writing  which  is  filed  with  the 

records  of  the  meeting,  waives  such  notice. 

CAPITAL  STOCK. 

stock  certifi-         SECTION  21.     Each  stockholder  shall  be  entitled  to  a  certifi- 

file.903' 437>    cate  which  shall  be  signed  by  the  president  and  by  the  treasurer 

of  the  company,  or  by  such  other  officers  as  may  be  authorized 

by  the  by-laws,  shall  be  sealed  with  its  seal,  and  shall  certify 

the  number  of  shares  owned  by  him  in  such  company. 

ahaare?rof  SECTION  22.     The  delivery  of  a  certificate  of  stock  by  the 

iln'lii'  1 10'  Person  named  as  the  stockholder  in  such  certificate  or  by  a 

p88s' ill's  s  Person  entrusted  by  him  with  its  possession  for  any  purpose  to 

R.  L.  112!  §  is!  a  bona  fide  purchaser  or  pledgee  for  value,  with  a  written  trans- 

•i  Qf\Q      49*^ 

5§i,'2;437,  fer  thereof,  or  with  a  written  power  of  attorney  to  sell,  assign 
19. fo,  171.  or  transfer  the  same,  signed  by  the  person  named  as  the  stock- 
holder in  such  certificate,  shall  be  a  sufficient  delivery  to  trans- 
fer title  as  against  all  persons;  but  no  such  transfer  shall  affect 
the  right  of  the  company  to  pay  any  dividend  due  upon  the 
stock,  or  to  treat  the  holder  of  record  as  the  holder  in  fact  until 
it  has  been  recorded  upon  the  books  of  the  company,  or  until  a 
new  certificate  has  been  issued  to  the  person  to  whom  it  has 
been  so  transferred.  Such  purchaser,  upon  delivery  of  the 
former  certificate  to  the  treasurer  of  the  company,  shall  be 
entitled  to  receive  a  new  certificate.  A  pledgee  of  stock  trans- 
ferred as  collateral  security  shall  be  entitled  to  a  new  certifi- 
cate if  the  instrument  of  transfer  substantially  describes  the 
debt  or  duty  which  is  intended  to  be  secured  thereby.  Such 
new  certificate  shall  express  on  its  face  that  it  is  held  as  col- 
lateral security,  and  the  name  of  the  pledgor  shall  be  stated 
thereon,  who  alone  shall  be  liable  as  a  stockholder,  and  entitled 
to  vote  thereon. 
stock  books  SECTION  23.  The  certificate  of  incorporation,  and  an  attested 

and  corporate  „  ..  i       •     i        i        i  •    i 

records.  copy  of  the  agreement  01  association,  and  ot  the  by-laws,  with  a 

G.°S.'  es,  §  10.  reference  on  the  margin  of  the  copy  of  the  by-laws  to  all  amend- 
s'. L.  109!  §  32!  ments  thereof,  and  a  true  record  of  all  meetings  of  stockholders 
G85t.'687§  20.  shall  be  kept  by  the  company  at  its  principal  office  in  this  com- 
ilel;  201'  §  i  monwealth  for  the  inspection  of  its  stockholders.  The  stock 
£•  ?'  J™'1 1  o?-  and  transfer  books  of  such  company,  which  shall  contain  a 

x\.  -L.  109,  §  oo. 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  183 

complete  list  of  all  stockholders,  their  residences  and  the  amount  1889,  222,  §  3. 
of  stock  held  by  each,  shall  be  kept  at  an  office  of  the  company  [i  op.  A.  G. 
in  this   commonwealth  for  the  inspection  of  its  stockholders,  isa,  107. 
Said  stock  and  transfer  books  and  said  attested  copies  and  rec-  p;  |;  ws.Vis. 
ords  shall  be  competent  evidence  in  any  court  of  this  common-  s^'sos9^!/35' 
wealth.     If  any  officer  or  agent  of  a  company  having  charge  of  §so- 
such  copies,  books  or  records  refuses  or  neglects  to  exhibit  them 
or  to  submit  them  to  examination  as  aforesaid,  he  or  the  com- 
pany shall  be  liable  to  any  stockholder  for  all  actual  damages 
sustained  by  reason  of  such  refusal  or  neglect,  and  the  supreme 
judicial  court  or  the  superior  court  shall  have   jurisdiction  in 
equity,  upon  petition  of  a  stockholder,  to  order  any  or  all  of 
said  copies,  books  or  records  to  be  exhibited  to  him  and  to  such 
other  stockholders  as  may  become  parties  to  said  petition,  at 
such  a  place  and  time  as  may  be  designated  in  the  order. 

SECTION  24.     The  directors  of  a  company  may,  unless  other-  ^e°r^ficateg 
wise  provided  by  the  by-laws,  determine  the  conditions  upon  R.  L.  no,  §28. 
which  a  new  certificate  of  stock  may  be  issued  in  place  of  any  ^31. 
certificate   which   is   alleged  to   have   been  lost  or  destroyed. 
They  may,  in  their  discretion,  require  the  owner  of  a  lost  or 
destroyed  certificate,  or  his  legal  representative,  to  give  a  bond 
with  sufficient  surety  to  the  company  in  a  sum  not  exceeding 
double  the  market  value  of  the  stock  to  indemnify  the  company 
against  any  loss  or  claim  which  may  arise  by  reason  of  the 
issue  of  a  certificate  in  place  of  such  lost  or  destroyed  stock 
certificate. 

SECTION  25.     Every  company  shall,  once  in  every  five  years,  Unclaimed 
publish  three  times  successively  in  a  newspaper  in  the  city  of  i837,e56.8' 
Boston,  and  also  in  a  newspaper  in  the  county  in  which  the  p.'l  io'5?§27. 
principal  office  of  the  company  is  located,  a  list  of  all  dividends  ^ee^iao^s?^' 
which  have  remained  unclaimed  for  two  years  or  more  and  the  §  3S- 
names  of  the  persons  to  whose  credit  such  dividends  stand. 

SECTION  26.  Certificates  of  stock  shall  not  be  issued  by  a  shares  to  be 
company  until  the  par  value  thereof  shall  have  been  actually  iS8&4?229far 
paid  in  in  cash.  i87i,  asi,  §§  7,  10.  issi,  302. 

P.  S.  113,  §  13.  R.  L.  112,  §  18.  150  Mass.  200.  . 


SHARES   ISSUED   FOR   PAR   ONLY. 

Revised  Laws,  Chapter  109,  §  19. 

SECTION  19.    No  corporation,  unless  specially  authorized,  shall  issue  —not  to 
a  share  for  a  less  amount  to  be  actually  paid  in  thereon  than  the  par  j^g 
value  of  the  shares  at  the  date  of  issue.  1859,  104.  issi,  133,  §  ie. 

G.  S.  68,  §  9.  1873,  39,  §  1.  P.  S.  106,  §  41.  1858>  167- 

1871,  392,  §  3.  P.  S.  105,  §  17.  157  Mass.  71. 

SECTION  27.     The  directors  may  assess  upon  all  the  shares  Assessmentg 
subscribed,  but  not  paid  in,  such  amounts  of  money  which  are  stock^and^1 
not  in  excess  of  their  par  value,  as  they  think  proper,  and  may  thereof00 
direct  the  same  to  be  paid  to  the  treasurer,  who  shall  give  5§6|'|^9> 
written  notice  thereof  to  the  subscribers.     If  a  subscriber  neg-  p  i'ffl*!?* 
lects  to  pay  his  assessment  for  thirtv  days  after  such  notice,  R.  L.  112!  §25! 

See  1903,  437, 
§  15. 


184 


PART  III.  —  OF.  STREET   RAILWAY   COMPANIES. 


Subscription 
to  full  capital 
stock,  and 
payment  in 
of  fifty  per 
cent  thereof^ 
before  con- 
struction. 
1864,  229,  §  6 
1871,381,  §6 
P.  S.  113,  §  1 
R.  L.  112, 


141  Mass.  496. 


Directors 
jointly  and 
severally  liable 
for  debts  and 
contracts  till 
payment  in 
of  full  capital 
stock. 

1864,  229,  §  6. 
1871,  381.  I  7. 
P.  S.  113,  §  14, 
R.  L.  112,  §  19. 
[See  Savage- 
Shaw  decision, 
May  16,  1907.] 


the  directors  may  transfer  the  rights  under  such  subscription  to 
any  person  who  subscribes  for  the  same  and  pays  the  assess- 
ments due,  or  may  order  the  treasurer,  after  giving  notice  of 
the  sale,  to  sell  such  shares  by  public  auction  to  the  highest 
bidder,  and,  upon  the  payment  by  him  to  the  company  of  the 
unpaid  assessments,  of  interest  to  the  date  of  sale  and  of  the 
charges  of  the  sale,  the  shares  shall  be  transferred  to  him.  If, 
within  thirty  days  after  the  sale,  the  purchaser  does  not  make 
said  payment  to  the  company,  the  sale  shall  be  cancelled,  and 
the  subscriber  shall  be  liable  to  the  company  for  the  unpaid 
assessments,  the  interest  thereon,  and  the  charges  of  sale.  If 
the  amount  so  paid  by  the  purchaser  to  the  company  is  more 
than  the  amount  for  which  the  shares  were  sold,  the  subscriber 
shall  be  liable  to  the  purchaser  for  the  deficiency;  if  it  is  less, 
the  purchaser  shall  be  liable  to  the  subscriber  for  the  surplus. 
If  a  subscriber  neglects  to  pay  his  assessment  for  thirty  days, 
as  above  provided,  the  directors  may  elect  to  proceed  by  an 
action  at  law  against  said  delinquent  subscriber  to  recover  all 
amounts  due  and  payable  by  him  with  interest.  If  a  judgment 
rendered  in  an  action  against  a  subscriber  remains  unsatisfied 
for  thirty  days,  all  amounts  previously  paid  by  him  shall  be 
forfeited  to  the  company,  and  the  directors  may  offer  such 
shares  for  sale  as  above  provided. 

SECTION  28.  A  street  railway  company  shall  not  begin  to 
build  its  railway  until  it  shall  have  filed  in  the  office  of  the 
secretary  of  the  commonwealth  a  certificate,  signed  and  sworn 
to  by  its  president,  treasurer,  clerk  and  a  majority  of  its 
directors,  stating  that  the  amount  of  its  capital  stock  has  been 
unconditionally  subscribed  for  by  responsible  parties,  and  that 
fifty  per  cent  of  the  par  value  of  each  share  thereof  has  been 
actually  paid  in  in  cash. 

SECTION  29.  The  directors  of  a  street  railway  company 
shall  be  jointly  and  severally  liable,  to  the  extent  of  its  capital 
stock,  for  all  its  debts  and  contracts,  until  the  whole  amount  of 
its  capital  stock  as  originally  fixed  by  its  agreement  of  associa- 
tion, or  if  a  chartered  company,  by  its  directors,  and  authorized 
by  the  board  of  railroad  commissioners,  shall  have  been  paid 
in,  and  until  a  certificate  stating  the  amount  thereof  so  fixed 
and  paid  in  shall  have  been  signed  and  sworn  to  by  its  presi- 
dent, treasurer,  clerk  and  a  majority  of  its  directors,  and  filed 
in  the  office  of  the  secretary  of  the  commonwealth. 


CORPORATE   POWERS. 


SECTION  30.     A  street  railway  company,  incorporated  under 


Powers  to 
cease,  if  rail- 
way is  not  built  the  laws  of  this  commonwealth,   shall  have  authority,  subject 

within  eight-  .    .  „         .         ,  •    1   •  j 

een  months  to  the  provisions  or  this  chapter,  to  construct,  maintain  and 
certmcat!  of  operate  a  street  railway,  but,  if  such  company  does  not  build 
unniels,°etclon>  and  put  in  operation  its  railway  within  eighteen  months  after 
a5!.'  638'§  HO.  the  date  of  its  certificate  of  incorporation,  its  corporate  powers 
iln'  !ii'  1 12  snaN  cease,  unless  the  board  of  railroad  commissioners,  after 


PART   III.  —  OF   STREET   RAILWAY  COMPANIES. 


185 


public  notice  and  a  hearing,  shall  extend  said  time  by  a  certifi-  £  |;  }}|;  f fjj; 
cate,  stating  that  in  its  judgment  due  diligence  has  been  exer-  1910> 18r- 
cised  by  the  company,  and  that  public  necessity  and  conven- 
ience require  such  extension. 

SECTION  31.     A  street  railway  company,  which,  by  its  charter  Extension  of 
or  certificate  of  incorporation,  or  by  special  act,  is  authorized  wrSority  to 
to  construct,  maintain  and  operate  a  street  railway  in  any  city  way™ 
or  town  in  this  commonwealth,  and  which  has  constructed  its  R89L.  n|;  §  92. 
railway  therein,  may,  subject  to  the  provisions  of  the  general  mo>187- 
laws   relative   to  the   location,   construction   and   operation   of 
street  railways,  extend  its  railway  into  such  other  cities  and 
towns  in  this  commonwealth  as  the  board  of  railroad  commis- 
sioners shall,  upon  the  application  of  such  company,  and  after 
public  notice  and  a  hearing,  certify  that  the  public  necessity 
and  convenience  require.     An  attested  copy  of  such  certificate 
shall,  within  three  days  after  the  granting  of  the  same,  be  filed 
by  said  board  in  the  office  of  the  secretary  of  the  commonwealth. 

SECTION  32.  A  street  railway  company  whose  petition  for  a  Connecting 
location,  necessary,  in  the  judgment  of  the  board  of  railroad  isoU'^s,  §  u. 
commissioners,  to  furnish  proper  transportation  facilities  be-  R-  L- 112'  * 11- 
tween  two  cities,  or  two  towns,  or  a  city  and  town,  has  in  whole 
or  in  part  been  granted  or  refused,  or  has  been  neither  granted 
nor  refused  within  three  months  after  the  filing  thereof,  may, 
within  thirty  days  of  such  grant  or  refusal  of  a  location,  or  of 
the  expiration  of  said  three  months,  apply  to  the  board  of  rail- 
road commissioners  for  such  location.  If  it  shall  appear  at  a 
hearing  on  said  application,  after  such  notice  to  the  board  of 
aldermen  or  the  selectmen,  and  to  all  persons  who  own  real 
estate  which  abuts  upon  any  way  in  which  such  location  was 
asked  for,  by  publication  or  otherwise,  as  the  board  of  railroad 
commissioners  may  order,  that  the  company  has  already  been 
granted  and  has  accepted  locations  for  a  street  railway  in  two 
cities,  or  two  towns,  or  a  city  and  town,  adjoining  the  city  or 
town  in  which  such  location  has  been  asked  for,  or  has  already 
been  granted  and  has  accepted  locations  for  a  street  railway  in 
two  adjoining  cities,  or  two  adjoining  towns,  or  an  adjoining 
city  and  town,  and  that  a  location  is  necessary  to  connect  such 
existing  locations,  the  board  of  railroad  commissioners  may,  if 
it  finds  that  public  necessity  and  convenience  so  require,  enter 
a  decree  granting  a  connecting  location.  In  granting  the 'loca- 
tion said  board  may  prescribe  the  appliances  and  impose  the 
conditions  and  obligations  which  are  specified  or  referred  to 
in  section  seven  relative  to  the  granting  of  original  locations. 
Such  location  shall  be  the  true  location,  if,  within  thirty  days 
after  the  issue  of  notice  to  the  company  of  the  entry  of  said 
decree,  the  directors  shall  file  a  written  acceptance  of  such  loca- 
tion with  the  board  of  railroad  commissioners;  otherwise,  said 
location  shall  be  void. 

SECTION  33.     A  street  railway  company  may  purchase  and  Real  and  per- 

v    u  i  i          j  ,  i  sonal  estate; 

nold  such  real  and  personal  estate  as  may  be  necessary  or  con-  stock  and 


186 


PART   III.  —  OF  STREET   RAILWAY  COMPANIES. 


domestic  street  venien^  ^or  the  operation  of  its  railway;  but  it  shall  not,  except 
railway  com-  as  provided  in  section  fifty-three,  directly  or  indirectly,  sub- 
ized  under  scribe  for,  take  OT  hold  stock  OT  bonds  of  a  street  railway  com- 
ise^sQr?  is.  pany  which  is  organized  under  the  general  laws  unless  specially 
i87i,  38i,  §  13.  go  authorized  by  the  general  court. 

1874,  29,  §  10.  P.  S.  113,  §  18.  R.  L.  112,  §  26. 

relortT3  SECTION  34.     A  street  railway  company  may,  except  in  the 

R89L.  112,  §  76.  city  of  Boston,  with  the  approval  of  the  board  of  railroad  com- 
sisMasa.  689.  missioners,  acquire,  hold,  maintain  and  equip  land  for  purposes 
of  recreation  and  for  pleasure  resorts.  Admission  to  the 
grounds  of  such  pleasure  resorts  shall  be  free,  subject  to  such  re- 
strictions as  may,  with  the  approval  of  said  board,  be  imposed 
by  the  board  of  aldermen  of  cities  or  the  selectmen  of  towns  in 
which  such  grounds  may  be  situated.  Said  company  shall  not 
sell  intoxicating  liquors  nor  allow  them  to  be  sold  on  said 
grounds;  nor  shall  it  sell  said  land  without  the  approval  of  the 
board  of  railroad  commissioners. 

i864,V229?|e34.  SECTION  35.  A  street  railway  company  may  use  electricity, 
p87s.' ii3, 1 39!  or  sucn  °ther  motive  power,  other  than  steam,  as  the  board  of 

112,  §  51.  railroad  commissioners  may  permit. 

co°mpani'e"g  SECTION  36.     A  street  railway  company  may  permit  another 

tracks"86  street  railway  company  to  operate  cars  over  its  tracks  to  such 
R88L.  1 12',  1 78.  extent  and  under  such  rules  and  regulations  as  the  board  of 
'487'  railroad  commissioners  shall  determine  to  be  consistent  with 
public  safety. 

Acts  of  1911,  Chapter  487. 
An  Act  relative  to  the  Joint  Use  of  Tracks  by  Street  Railway  Companies. 

street 'railway  SECTION  1.  The  board  of  railroad  commissioners  shall  have  authority, 
tracks.  upon  the  petition  of  a  street  railway  company  or  of  any  interested  party, 

after  notice  and  a  public  hearing,  to  determine  the  reasonable  conditions 
which  shall  govern  the  interchange  of  traffic  and  cars  between  street  rail- 
way companies,  and  may,  wherever  it  is  reasonable  and  consistent  with 
the  public  interest,  order  a  street  railway  company  to  receive  and  convey 
over  its  tracks  the  cars  of  another  such  company  at  such  times  and  over 
such  routes  and  upon  such  terms,  including  reasonable  compensation,  as 
the  board  may  prescribe :  provided,  however,  that  a  street  railway  company 
shall  have  control  of  and  responsibility  for  the  management  and  operation 
of  all  cars  while  upon  its  railway  as  fully  as  if  it  owned  them.  Said  board 
may  also  recommend  such  joint  rates,  fares  and  charges  as  are  consistent 
with  the  provisions  of  any  special  charter  of  any  street  railway  company, 
specifying  at  the  same  time  and  in  every  instance  the  part  of  the  joint 
rate,  fare  or  charge  to  which  each  street  railway  company  affected  thereby 
shall  be  entitled,  and  may  make  such  other  recommendations  as  seem 
appropriate  to  the  circumstances  of  each  particular  case.  The  supreme 
judicial  court  or  the  superior  court  shall  have  jurisdiction  in  equity  to 
enforce  any  orders  made  by  said  board  under  the  provisions  of  this  act. 
SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  27,  1911. 


PART   III. — OF   STREET   RAILWAY   COMPANIES.  187 

Acts  of  1910,  Chapter  596. 

An  Act  to  authorize  the  Use  by  Street  Railway  Companies  of  Tracks  of 
Railroad  Corporations. 

SECTION  1.    A  street  railway  company,  with  the  consent  of  a  railroad  Street  railway 

companies 

corporation  owning  tracks,  may,  to  such  extent  and  subject  to  such  terms  may,  in  cer- 
and  regulations  as  the  board  of  railroad  commissioners  may  approve  or  operate  cars 
prescribe,  operate  cars  upon  and  over  such  tracks  of  said  railroad  corpora-  ov.er  tracks  of 

.  .  railroad  cor- 

tion  as  are  equipped  for  operation  by  the  electric  system  of  motive  power,  porations. 
and  may  connect  its  own  tracks  with  the  tracks  of  such  railroad  in  such  above911'487' 
manner  as  may  be  agreed  upon  by  the  two  companies  and  approved  by 
the  board  of  railroad  commissioners. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
June  9,  1910. 

SECTION  37.     A   street   railway   company   may   allow   street  ,s.treet  sprmk- 
.  .  11-  lmf!  cara- 

sprinkling  cars  or  similar  apparatus  to  be  used  upon  its  tracks,  1897,315. 

may  furnish  the  motive  power  and  use  of  tracks  or  other  facili-  ISQ  Mass.' 431. 
ties,  and  may  make  contracts  therefor;  but  the  provisions  of 
this  section  shall  be  operative  only  to  such  extent  and  subject 
to  such  regulations  and  restrictions  as  the  board  of  railroad 
commissioners,  having  regard  to  the  necessities  of  public  travel, 
may  approve. 

SECTION  38.     A  street  railway  company  may,  with  the  con-  Gravel,  etc., 
sent  of  the  board  of  aldermen  of  a  city  or  the  selectmen  of  a  isos,  323. 
town,  convey  in  cars  over  its  tracks  snow,  ice,  stones,  gravel,  fgdlj;  III'. 5  55' 
dirt,  or  street  sweepings,  taken  from  any  street  or  way  over  or  19°  Ma88- 53a 
through  which  its  tracks  are  located,  for  the  purpose  of  keeping 
said  street  or  way  in  proper  condition  for  travel,  or  may  convey 
to  any  point  on  its  line,  or  deliver  to  any  connecting  line  or  any 
other  street  railway  company,  necessary  material  for  use  in  the 
construction,   grading,   repairing  or  improving  of  any  street  or 
way  in  any  city  or  town,  or  of  any  state  highway,  whether  on 
the  line  of  any  street  railway  company  or  not,  and  may  make 
contracts  with  cities,  towns,  the  Massachusetts  highway  com- 
mission, and  with  other  street  railway  companies  for  the  trans- 
portation of  such  material. 

SECTION  39.     A  street  railway  company  may  convey  in  cars  Coal  and  other 
over  its  tracks  coal  and  other  supplies  for  its  own  use. 

SECTION  40.     A    street    railway    company    may    carry    the  Carriers  of 
United  States  mail.  So!',  254. 

R.  L.  112,  §  75. 

TRANSPORTATION    OF   MILITARY   SUPPLIES. 
Acts  of  1909,  Chapter  118. 

An  Act  to  authorize  the  Transportation  of  Military  Supplies  and  Equip- 
ment over  the  Lines  of  Street  Railway,  Electric  Railroad  and  Elevated 
Railway  Companies. 

SECTION  1.    All  street  railway,  electric  railroad,  and  elevated  rail-  Transporta- 

...          ,  ,  ,  .         .  .       .  tion  of  military 

way    companies   within   the   commonwealth   are   hereby   authorized   to  supplies,  etc. 
transport  military  supplies  and  equipment  over  their  respective  lines, 
and  from  and  to  any  point  thereon,  subject  only  to  the  supervision  of, 


188 


PART   III.  —  OF   STEEET   RAILWAY   COMPANIES. 


and  cream 

Extended,  1909, 

118. 


and  to  such  regulations  as  may  be  imposed  by,  the  board  of  railroad 
commissioners. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
February  26,  1909* 

Acts  of  1908,  Chapter  278. 

An  Act  to  authorize  Street  Railway  Companies  to  transport  Milk  and 

Cream. 

SECTION  1.    All  street  railway  companies  within  the  commonwealth 
are  hereby  authorized  to  transport  milk  and  cream  over  and  upon  their 

.         ,.  .        ..  *  .  r 

respective  lines  of  railway  and  from  and  to  any  point  thereon,  subject 
only  to  the  supervision  of  and  to  such  regulations  as  may  be  imposed  by 
the  board  of  railroad  commissioners,  any  restrictions  upon  the  right  of 
said  companies  to  transport  milk  and  cream  heretofore  imposed  under 
any  existing  laws  or  charters  to  the  contrary  notwithstanding. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
March  25,  1908. 


Carriers  of 
baggage 
and  freight, 
etc. 

1903,  202. 

1904,  441. 
Superseded, 

1907,  402. 
[See  below.] 
See  1902,  888; 

1908,  278; 

1909,  118. 


[SECTION  41.  A  street  railway  company  may  become  a  com- 
mon carrier  of  newspapers,  baggage,  express  matter  and  freight 
in  such  cases,  upon  such  parts  of  its  railway,  and  to  such  extent, 
in  any  city  or  town  as,  after  public  notice  and  a  hearing  upon 
the  petition  of  the  president  or  a  majority  of  the  directors  of  the 
company  or  any  interested  party,  the  board  of  aldermen  or 
the  selectmen,  in  such  city  or  town,  shall  by  order  approve: 
provided,  that  a  company  shall  actually  engage  in  the  business 
of  a  common  carrier  under  authority  of  this  section  only  in  such 
of  the  cases,  upon  such  of  the  parts  of  its  railway,  and  to  so 
much  of  the  extent,  approved  as  aforesaid,  as  the  board  of  rail- 
road commissioners  shall  certify,  after  public  notice  and  a 
hearing  upon  the  petition  of  the  president  or  a  majority  of  the 
directors  of  the  company  or  any  interested  party,  that  public 
necessity  and  convenience  require;  and  provided,  further,  that 
any  company  acting  under  authority  hereof  shall  be  subject 
to  such  regulations  and  restrictions  as  may  from  time  to  time 
be  made  by  the  local  authorities  aforesaid,  with  the  approval  of 
the  board  of  railroad  commissioners,  and  shall  also  be  subject  to 
the  provisions  of  all  laws  now  or  hereafter  in  force  relating  to 
common  carriers  so  far  as  they  shall  be  consistent  herewith  and 
with  said  regulations  and  restrictions.] 

*  Under  date  of  April  13,  1909,  the  Board  of  Railroad  Commissioners  established  the  following 
regulations  for  the  transportation  of  military  supplies  and  equipment:  — 

1.  The  exercise  of  the  authority  granted  by  the  above  act  shall  in  no  way  alter  or  abridge  the 
duties  and  obligations  of  the  company  relative  to  the  transportation  of  passengers,  nor  in  any 
way  interfere  with  the  conduct  of  the  passenger  service,  except  in  cases  of  emergency  and  of 
military  necessity. 

2.  All  military  supplies  and  equipment  shall  be  transported  in  suitable  cars,  to  be  provided 
with  proper  brakes  and  safety  appliances  and  (except  as  regards  cars  other  than  the  first  car  on 
any  train)  with  proper  fenders,  and  to  be  run  at  no  time  at  a  higher  rate  of  speed  than  that  at 
which  the  company  operates  passenger  cars. 

3.  The  transportation  of  explosives  is  prohibited. 

4.  Companies  shall  be  subject  to  such  further  regulations  and  restrictions  as  the  public  interest 
may  from  time  to  time  require. 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  189 


Acts  of  1907,  Chapter  402. 
An  Act  relative  to  Street  Railway  Companies  acting  as  Common  Carriers. 

SECTION  1.     A  street  railway  company  may  become  a  common  carrier  Carriers 

r  i_  i   *     •    i  j.    •  L.  °f  baggage 

of  newspapers,  baggage,  express  matter  and  freight  in  such  cases,  upon  and  freight, 
such  parts  of  its  railway,  and  to  such  extent,  in  any  city  or  town,  as,  ^3  202 
after  public  notice  and  a  hearing,  upon  the  petition  of  any  interested  W04l*4i. 
party,  the  board  of  aldermen  or  the  selectmen  in  such  city  or  town  and  Part'in,  §  41. 
the  board  of  railroad  commissioners  shall  by  order  approve.  If  the  See  1908>  S78- 
board  of  aldermen  or  selectmen  to  whom  such  a  petition  is  presented 
act  adversely  thereon  or  fail  to  act  within  sixty  days  from  the  date 
of  the  filing  of  such  petition  the  petitioner  or  any  interested  party  may 
file  such  petition  with  the  board  of  railroad  commissioners,  who  shall 
after  public  notice  and  a  hearing  determine  whether  public  necessity 
and  convenience  require  the  granting  of  such  petition  and  shall  make 
an  order  dismissing  such  petition  or  requiring  any  street  railway  company 
named  in  such  petition  to  act  as  such  common  carrier  in  such  cases, 
upon  such  parts  of  its  railway  and  to  such  extent,  and  under  such  regu- 
lations and  restrictions,  as  in  the  opinion  of  said  railroad  commissioners 
public  necessity  and  convenience  require.  Any  street  railway  company 
acting  under  authority  hereof  shall  be  subject  to  such  regulations  and 
restrictions  as  may  from  time  to  time  be  made  by  the  local  authorities 
aforesaid,  with  the  approval  of  the  railroad  commissioners,  and  shall 
also  be  subject  to  the  provisions  of  all  laws  now  or  hereafter  in  force 
relating  to  common  carriers  so  far  as  they  shall  be  consistent  herewith 
and  with  said  regulations  and  restrictions.  The  authority  conferred  upon 
any  street  railway  company  by  virtue  of  the  provisions  of  this  act  may 
at  any  time  be  revoked  or  terminated  in  any  city  or  town  or  upon  any 
part  of  its  railway,  by  the  board  of  aldermen  or  selectmen  with  the  approval 
of  the  board  of  railroad  commissioners. 

SECTION  2.    Section  forty-one  of  Part  III.  of  chapter  four  hundred  j^///3's  n 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  repealed.' 
repealed.    [Approved  May  10,  1907. 

Acts  of  1913,  Chapter  223. 
An  Act  relative  to  the  Law  of  the  Road. 

SECTION  1.    Chapter  fifty-four  of  the  Revised  Laws,  entitled  "Of  the  R.  L.  54 
Law  of  the  Road",  is  hereby  amended  by  adding  at  the  end  thereof  the  amended- 
following  new  section,  to  be  numbered  five:  —  Section  5.     For  the  purposes 
of  this  act  and  in  construing  rules,  by-laws  and  regulations  concerning 
the  use  and  operation  of  vehicles  on  the  streets  and  ways  in  this  common- 
wealth, street  railway  cars  or  other  cars  moving  upon  rails  shall  not  be 
considered  to  be  vehicles  unless  it  is  otherwise  expressly  so  provided. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.    [Approved 
March  6,  1913. 

LAND. 

SECTION  42.     Except  as  provided  in  this  act,  and  except  for  Private  land, 
the  purpose  of  reaching  its  car  barns  or  repair  shops,  and  of  §§031.f4503' 
reaching  and  providing  convenient  terminals  in  parks  and  pleas-  mWali'  loo9' 
ure  resorts  situated  upon  the  line  of  its  railway,  and  of  reach-  f 
ing  its  freight  yards  and  terminals  and  of  maintaining  spurs  and  f 
sidings,  and  for  other  purposes  incident  to  performing  the  busi- 
ness authorized  by  chapter  four  hundred  and  two  of  the  acts  of 


190 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


1906,  463, 
Part  III,  §  42. 
amended. 


Rights  of 
street  railway 
companies 
over  private 
land,  etc. 


the  year  nineteen  hundred  and  seven,  a  street  railway  company 
shall  not,  unless  authorized  by  special  act  of  the  general 
court,  construct  or  operate  any  part  of  its  railway  outside  the 
limits  of  a  public  highway,  street  or  bridge;  but  a  street  rail- 
way company  which,  prior  to  the  fourteenth  day  of  June  in 
the  year  nineteen  hundred  and  one,  without  special  legislative 
authority  therefor  constructed  any  part  of  its  railway  upon 
private  land,  with  the  consent  of  the  owners  of  such  land,  or 
upon  land  leased  or  purchased  by  such  company,  or  which 
prior  to  said  date  purchased  or  leased  land  for  the  purpose 
of  constructing  its  railway  thereon,  or  which  prior  to  said 
date  after  public  notice  and  a  hearing  obtained  the  approval  of 
the  board  of  aldermen  of  a  city  or  of  the  selectmen  of  a  town 
to  the  construction  of  a  part  of  its  railway  upon  private  land 
within  such  city  or  town,  and  prior  to  said  date  actually  with 
the  consent  of  the  owners  of  the  land  began,  or  obtained  their 
consent  to  begin,  such  construction,  may  construct,  maintain 
and  operate  its  railway  upon  such  private  land,  subject  however 
to  the  provisions  of  this  act  conferring  upon  the  board  of  rail- 
road commissioners  control  over  street  railways  constructed  upon 
private  land. 

Acts  of  1910,  Chapter  551. 

An  Act  relative  to  Locations  of  Street  Railway  Companies  upon  Private 

Land. 

Section  forty-two  of  Part  III  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by 
inserting  after  the  word  "railway",  at  the  beginning  of  the  fifth  line, 
the  words :  — •  and  of  reaching  its  freight  yards  and  terminals,  and  of 
maintaining  spurs  and  sidings,  and  for  other  purposes  incident  to  per- 
forming the  business  authorized  by  chapter  four  hundred  and  two  of 
the  acts  of  the  year  nineteen  hundred  and  seven,  — •  so  as  to  read  as 
follows :  —  Section  42.  Except  as  provided  in  this  act,  and  except  for 
the  purpose  of  reaching  its  car  barns  or  repair  shops,  and  of  reaching 
and  providing  convenient  terminals  in  parks  and  pleasure  resorts  situ- 
ated upon  the  line  of  its  railway,  and  of  reaching  its  freight  yards  and 
terminals,  and  of  maintaining  spurs  and  sidings,  and  for  other  purposes 
incident  to  performing  the  business  authorized  by  chapter  four  hundred 
and  two  of  the  acts  of  the  year  nineteen  hundred  and  seven,  a  street 
railway  company  shall  not,  unless  authorized  by  special  act  of  the  general 
court,  construct  or  operate  any  part  of  its  railway  outside  the  limits  of 
a  public  highway,  street  or  bridge;  but  a  street  railway  company  which, 
prior  to  the  fourteenth  day  of  June  in  the  year  nineteen  hundred  and 
one,  without  special  legislative  authority  therefor  constructed  any  part 
of  its  railway  upon  private  land,  with  the  consent  of  the  owners  of  such 
land,  or  upon  land  leased  or  purchased  by  such  company,  or  which  prior 
to  said  date  purchased  or  leased  land  for  the  purpose  of  constructing  its 
railway  thereon,  or  which  prior  to  said  date  after  public  notice  and  a 
hearing  obtained  the  approval  of  the  board  of  aldermen  of  a  city  or  of 
the  selectmen  of  a  town  to  the  construction  of  a  part  of  its  railway  upon 
private  land  within  such  city  or  town,  and  prior  to  said  date  actually 
with  the  consent  of  the  owners  of  the  land  began,  or  obtained  their  con- 
sent to  begin,  such  construction,  may  construct,  maintain  and  operate 
its  railway  upon  such  private  land,  subject  however  to  the  provisions 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  191 

of  this  act  conferring  upon  the  board  of  railroad  commissioners  control 
over  street  railways  constructed  upon  private  land.  [Approved  May  23, 
1910. 

SECTION  43.  A  street  railway  company,  organized  under  the  Location  by 
laws  of  this  commonwealth,  or  in  process  of  organization  there-  Pease  on*  ° 
under,  having  first  obtained  the  approval  of  the  board  of  alder- 
men  of  the  city  or  of  the  selectmen  of  the  town  in  which  private 
land  is  situated  to  the  construction  of  its  railway  thereon,  may, 
for  the  purpose  of  avoiding  grades  and  curves  in  public  ways, 
and  for  such  other  purposes  incidental  to  the  use  of  such  ways, 
as  the  board  of  railroad  commissioners  may  in  the  manner 
hereinafter  provided  approve,  petition  said  board  for  authority 
to  construct  and  maintain  parts  of  its  railway  or  extension 
thereof  upon  such  private  land  outside  the  limits  of  such  public 
ways.  The  company  in  such  petition  shall  set  forth  the  pur- 
pose for  which  such  authority  is  desired  in  each  case,  and 
shall  file  with  the  petition  a  plan,  in  such  form  and  upon  such 
scale  as  the  board  of  railroad  commissioners  may  prescribe,  of 
the  railway  or  extension,  and  of  the  localities  where  it  is  de- 
sired to  construct  the  same  upon  private  land,  and  said  board, 
after  public  notice  and  a  hearing,  if  it  is  satisfied  that  public 
necessity  and  convenience  demand  that  parts  of  the  railway  or 
extension  should  be  built  outside  the  limits  of  public  ways, 
substantially  on  the  private  land  selected,  and  that  the  approval 
of  the  board  of  aldermen  or  of  the  selectmen  of  the  city  or 
town  in  which  the  land  is  situated  has  been  obtained  as  afore- 
said, may  authorize  the  petitioner  to  construct  and  operate  its 
railway  or  extension  upon  and  over  private  land,  and  for  that 
purpose  to  purchase  or  lease  private  land  or  rights  therein  and 
thereover,  in  such  cases  and  to  such  extent  as  said  board  is  of 
opinion  that  public  necessity  and  convenience  in  the  construc- 
tion and  operation  of  the  railway  or  extension  require.  Said 
board  in  granting  such  authority  may  determine  the  kind  of 
construction  to  be  used,  the  grade  and  alignment  of  the  tracks, 
and  may  order  such  special  appliances  to  be  furnished  and 
such  safeguards  to  be  adopted  in  the  construction  and  opera- 
tion of  the  railway  or  extension  upon  private  land  as,  in  its 
judgment,  regard  for  public  necessity,  convenience  and  safety 
demands. 

SECTION  44.     A  street  railway  constructed  upon  private  land  Regulation  of 

i      11  i  i     i«  ii-  -1       i         i  i  construction  or 

shall  not  be  opened  tor  public  use  until  the  board  of  railroad  operation  on 
commissioners,    after   an   examination,    certifies   that   all   laws  isoi*  503,n§  2. 
relative  to  its  construction  and  all  requirements  of  said  board  R 
have  been  complied  with,  and  that  it  appears  to  be  in  a  safe 
condition  for  operation.     Said  board  may,  at  any  time  after  the 
opening  of  a  street  railway  for  public  use,  order  such  changes 
and  improvements  to  be  made  in  the  construction  and  operation 
of  any  part  thereof  upon  private  land  as  in  its  judgment  may 
be  necessary  for  public  safety  in  the  use  thereof;  and  such 
order  shall  be  complied  with  by  the  street  railway  company. 


192 


PART   III. OF   STREET   RAILWAY   COMPANIES. 


Provisions  of 
law  applicable. 
1898,  404,  §  5. 
R.  L.  112,  §  60, 


Location  by 
eminent 
domain  on 
private  land. 
1903,  476,  §  1. 
213  Mass.  60. 


Map,  profile, 
estimate,  etc. 
[For  §  17  of 
Part  II,  see 
p.  52\ 


Same  subject. 
1903,  476,  §  2. 


SECTION  45.  A  street  railway  company,  whose  railway  is 
constructed  in  part  outside  the  limits  of  public  ways,  shall,  in 
respect  of  the  equipment,  use  and  operation  of  its  railway  and 
transportation  thereon,  be  subject  to  all  the  provisions  of  law 
relative  to  street  railway  companies,  as  fully  as  if  its  railway 
were  located  wholly  within  the  limits  of  public  ways. 

SECTION  46.  A  street  railway  company,  organized  under 
the  laws  of  this  commonwealth,  may  apply  to  the  board  of 
aldermen  of  a  city  or  to  the  selectmen  of  a  town  in  which  it 
desires  to  take  land,  for  an  adjudication  that  public  necessity 
and  convenience  require  that  certain  land,  or  interests  in  land, 
as  described  in  its  petition,  and  for  the  specific  purpose  therein 
stated,  be  taken  by  such  company,  to  enable  it,  in  constructing 
its  street  railway,  or  extension  thereof,  to  avoid  dangerous 
curves  or  grades  existing  in  the  highways,  or  for  other  similar 
purposes  incident  to  and  not  inconsistent  with  its  corporate 
franchise  of  operating  a  railway  to  accommodate  public  travel 
in  public  ways.  If  .the  board  to  which  such  application  is 
made  finds  in  favor  of  the  petitioner,  after  such  public  notice 
and  hearing  as  are  required  by  law  in  the  case  of  the  grant  of 
locations  for  street  railways  in  public  ways,  the  company  may, 
upon  complying  with  the  provisions  prescribed  for  railroad  cor- 
porations by  section  seventeen  of  Part  II,  apply  to  the  board 
of  railroad  commissioners  for  a  certificate  that  public  necessity 
and  convenience  require  the  construction  of  the  railway  be- 
tween the  termini  and  substantially  upon  the  route  fixed  by  the 
agreement  of  association  in  case  of  a  company  organized  under 
the  general  laws  and  by  the  charter  of  a  company  created  by 
special  statute,  or  of  the  extension  substantially  on  the  loca- 
tions already  granted  therefor,  and  for  approval  of  the  adjudi- 
cation of  the  board  of  aldermen  or  of  the  selectmen  as  to  the 
necessity  and  reasons  for  taking  land  or  rights  in  land  in  every 
city  or  town  in  which  such  adjudication  has  been  made.  If 
the  board  of  railroad  commissioners,  after  public  notice  and  a 
hearing,  at  which  all  persons  or  corporations  alleging  that  they 
would  be  injured  by  the  construction  of  the  railway  shall  be 
deemed  to  be  interested  parties  and  entitled  to  be  heard,  grant 
the  certificate  as  prayed  for,  the  petitioner  may  take  in  any 
city  or  town,  in  the  manner  provided  in  the  following  section, 
any  land  or  rights  in  land  the  taking  of  which  has  so  been 
approved  by  said  board. 

SECTION  47.  A  street  railway  company  acting  under  au- 
thority of  the  preceding  section  shall  be  subject  to  all  the  pro- 
visions of  sections  seventy-one,  seventy-four,  eighty-two  to  one 
hundred,  inclusive,  one  hundred  and  one  to  one  hundred  and 
three,  inclusive,  and  one  hundred  and  six  of  Part  II,  and,  if  its 
railway  crosses  a  public  way  or  another  street  railway,  except 
where  its  railway  is  constructed  within  the  limits  of  another 
public  way  crossing  such  way  or  street  railway,  it  shall  also  be 
subject  to  all  the  provisions  of  sections  one  hundred  and  seven 
to  one  hundred  and  twelve,  inclusive,  and  of  sections  one  hun- 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  193 

dred  and  forty-nine  to  one  hundred  and  fifty-four,  inclusive,  of 
said  chapter:  provided,  however,  that  wherever  by  said  sections  Proviso. 
any  jurisdiction  is  conferred  upon  a  board  of  county  commis- 
sioners, the  same  shall  in  the  case  of  a  street  railway  company 
be  exercised  by  the  board  of  aldermen  of  the  city  or  by  the 
selectmen  of  the  town  in  which  the  land  or  other  property  pro- 
posed to  be  taken  is  situated. 

SECTION  48.     A  street  railway  company  authorized  to  con-  Location 
struct  its  railway  at  grade  across  a  public  way  in  any  place  fcSSS^ 
where  such  crossing  is  not  a  part  of  the  crossing  of  such  way  1903>  476>  §  3- 
by  another  public  way,  and  incident  to  the  construction  of  the 
street  railway  longitudinally  within  the  limits  of  such  other 
public  way,  shall,  in  any  proceedings  hereafter  begun  for  the 
abolition  of  such  grade  crossing  be  considered  as  a  railroad  cor- 
poration under  the  provisions  of  sections  twenty-nine  to  forty- 
five,  inclusive,  of  Part  I,  if  such  company  has  taken  any  land 
or  other  property  under  authority  of  the  preceding  two  sections; 
and  it  may  bring  a  petition,  or  be  made  a  respondent  to  any 
petition  brought  by  any  of  the  other  parties  named  in  said  acts, 
in  the  same  way  and  be  subject  to  the  same  liabilities  as  if  it 
were  a  railroad  corporation. 

SECTION  49.    The  provisions  of  the  three  preceding  sections  same  subject. 
shall  not  be  construed  as  enlarging  the  extent  or  purposes  for  1903>  476>  § 
which  a  street  railway  may  be  constructed  or  operated  outside 
the  limits  of  public  ways  as  defined  and  limited  in  sections 
forty-two  and  forty-three. 

SECTION  50.     If  the  city  council  of  a  city  or  a  town  accepts  Reserved 
the  provisions  of  this  section  or  has  accepted  the  corresponding  u^waVs0  pub' 
provisions  of  earlier  laws,  the  board  or  officers  authorized  to  ^89£-  3|4-§  85 
lay  out  streets,  highways  or  town  ways  may,  whether  any  such  191  Mass.  527. 
street,  highway  or  town  way  is  laid  out  under  the  provisions  of 
law  authorizing  the  assessment  of  betterments  or  otherwise,  re- 
serve spaces  between  the  side  lines  thereof  for  street  railways. 


PROTECTION   AND   MARKING   OF  WIRES. 
Revised  Laws,  Chapter  122,  §§  16,  17. 

SECTION  16.    A  person  or  a  corporation,  private  or  municipal,  owning 
or  operating  a  line  of  wires  over  or  under  streets  or  buildings  in  a  city  concerning 

,     ,,  ,  ,  ,     ,  ,  11,  wires  in  citie 

or  town  shall  use  only  strong  and  proper  wires  safely  attached  to  strong  and  towns. 
and  sufficient  supports  and  insulated  at  all  points  of  attachment;   shall  Hgg'ta^f  1' 
remove  all  wires  the  use  of  which  is  abandoned;   shall  properly  insulate  *61  Mass.'  583. 

i  .,  ,      •,,•  ,     •,  ,         .        .         ,,  178  Mass.  SOS. 

every  wire  where  it  enters  a  building,  and,  if  such  wire  is  other  than  a  iss  Mass.  214, 

wire  designed  to  carry  an  electric  light,  heat  or  power  current,  shall  attach  S18- 

to  it  at  a  proper  point  in  the  circuit,  near  the  place  of  entering  the  building, 

and  so  situated  as  to  avoid  danger  from  fire,  an  appliance  adapted  at  all 

times  to  prevent  a  current  of  electricity  of  such  intensity  or  volume  as  to 

be  capable  of  injuring  electrical  instruments  or  of  causing  fire  from  enter- 

ing the  building  by  means  of  such  wire  beyond  the  point  at  which  such 

appliance  is  attached;   and  shall  properly  insulate  every  wire  within  a 

building  which  is  designed  to  carry  an  electric  light,  heat  or  power 

current. 


194 


PART   III.  —  OF   STREET   RAILWAY    COMPANIES. 


see  p.  196. 


Srs  to  be  [SECTION  17.    Such  person  or  corporation  shall,  in  cities,  affix  at  the 

attached.  points  of  support  at  which  any  wire  or  cable  containing  wires  provided 
1899!  320-  337,  for  in  the  preceding  section  is  attached,  a  tag  or  mark  distinctly  designat- 
Amended  mS  *ne  owner  or  user  of  such  wire  or  cable.  No  such  tag  or  mark  shall 

1911, 609,  §  s;  be  required  for  the  wires  of  a  street  railway  company,  except  for  its  feed 
wires  at  points  of  attachment  to  poles  carrying  the  feed  wires  of  one  or 
more  other  street  railway  companies.  In  towns  wherever  wires  belong- 
ing to  different  owners  are  attached  to  the  same  pole,  cross  arm  or  fixture, 
such  pole,  cross  arm  or  fixture  shall  be  plainly  marked  with  the  name 
or  initials  of  the  owner  of  the  same,  and  such  wires,  at  or  near  their  points 
of  attachment  to  such  pole,  cross  arm  or  fixture,  shall  be  tagged  or  marked 
with  the  names  or  initials  of  their  owners.] 


R.  L.  122,  §  i, 

amended. 

Transmission 
of  electricity. 


R.  L.  122,  §  2, 
etc.,  amended. 


Granting  of 
locations  for 
poles  and 
wires,  etc. 


Increase  in 
number  of 
poles  and 
wires,  etc. 


Acts  of  1911,  Chapter  509. 
An  Act  relative  to  the  Transmission  of  Electricity. 

SECTION  1.  Chapter  one  hundred  and  twenty-two  of  the  Revised 
Laws  is  hereby  amended  by  striking  out  section  one  and  inserting  in 
place  thereof  the  following :  —  Section  1 .  A  company  which  is  incor- 
porated for  the  transmission  of  intelligence  by  electricity  or  by  telephone, 
whether  by  electricity  or  otherwise,  or  for  the  transmission  of  electricity 
for  lighting,  heating  or  power,  or  for  the  construction  and  operation  of  a 
street  railway  or  an  electric  railroad,  may,  under  the  provisions  of  the 
following  sections,  construct  lines  for  such  transmission  upon,  along, 
under  and  across  the  public  ways  and  across  and  under  any  waters  within 
the  commonwealth,  by  the  erection  or  construction  of  the  poles,  piers, 
abutments,  conduits  and  other  fixtures,  except  bridges,  which  may  be 
necessary  to  sustain  or  protect  the  wires  of  its  lines;  but  such  company 
shall  not  incommode  the  public  use  of  public  ways  or  endanger  or  interrupt 
navigation. 

SECTION  2.  Section  two  of  chapter  one  hundred  and  twenty-two  of 
the  Revised  Laws,  as  amended  by  chapter  two  hundred  and  thirty-seven 
of  the  acts  of  the  year  nineteen  hundred  and  three,  and  by  chapter  one 
hundred  and  seventeen  of  the  acts  of  the  year  nineteen  hundred  and  six, 
is  hereby  further  amended  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following :  —  Section  2.  A  company  desiring  to  construct 
a  line  for  such  transmission  upon,  along,  under  or  across  a  public  way 
shall  in  writing  petition  the  mayor  and  aldermen  of  the  city  or  the  select- 
men of  the  town  in  which  it  is  proposed  to  construct  such  line  for 
permission  to  erect  or  construct  upon,  along,  under  or  across  said  way 
the  wires,  poles,  piers,  abutments  or  conduits  necessary  therefor.  A 
public  hearing  shall  be  held  on  the  petition,  and  written  notice  of  the 
time  and  place  of  the  hearing  shall  be  mailed  at  least  seven  days  prior 
thereto  by  the  clerk  of  the  city  or  by  the  selectmen  of  the  town  to  all 
owners  of  real  estate  abutting  upon  that  part  of  the  way  upon,  along, 
across  or  under  which  the  line  is  to  be  constructed,  as  such  ownership  is 
determined  by  the  last  preceding  assessment  for  taxation.  After  a  public 
hearing  as  aforesaid,  the  mayor  and  aldermen,  or  the  selectmen  may  by 
order  grant  to  the  petitioner  a  location  for  such  line,  specifying  therein 
where  the  poles,  piers,  abutments  or  conduits  may  be  placed,  and  in 
respect  to  overhead  lines  may  also  specify  the  kind  of  poles,  piers  or  abut- 
ments which  may  be  used,  the  number  of  wires  or  cables  which  may  be 
attached  thereto,  and  the  height  to  which  the  wires  or  cables  may  run. 
After  the  erection  or  construction  of  such  line  the  mayor  and  aldermen 
or  selectmen  may,  after  giving  the  company  or  its  agents  an  opportunity 
to  be  heard,  or  upon  petition  of  the  company  without  notice  or  hearing,  by 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


195 


order  permit  an  increase  in  the  number  of  wires  or  cables,  and  direct  an 
alteration  in  the  location  of  the  poles,  piers,  abutments  or  conduits  or  in 
the  height  of  the  wires  or  cables.  The  mayor  and  aldermen  or  selectmen 
may,  upon  petition  in  writing  by  two  or  more  companies  subject  to  the 
provisions  of  this  chapter,  without  notice  or  hearing,  by  order  authorize 
any  such  company  to  attach  its  wires  and  fixtures  to  existing  poles,  piers 
or  abutments  of  either  or  any  of  the  other  petitioners,  or  to  maintain  its 
wires  or  cables  in  the  conduits  of  either  or  any  of  said  other  petitioners. 
The  mayor  and  aldermen  or  selectmen  may,  upon  petition  in  writing  by 
two  or  more  companies  subject  to'the  provisions  of  this  chapter,  and  after 
notice  to  abutting  landowners  and  a  hearing  as  hereinbefore  provided,  by 
order  grant  to  said  companies  joint  or  identical  locations  for  the  erection 
or  construction  of  poles,  piers,  abutments  or  conduits  to  be  owned  and 
used  in  common  by  them.  No  order  of  the  mayor  and  aldermen  or  select- 
men shall  be  required  for  renewing,  repairing  or  replacing  wires,  cables, 
poles,  piers,  abutments,  conduits  or  fixtures  once  erected  or  constructed 
under  the  provisions  of  law,  or  for  making  house  connections  or  connections 
between  duly  located  conduits  and  distributing  poles. 

The  order  granting  a  location  or  an  alteration  thereof,  or  authorizing  an  Order  granting 
increase  in  the  number  of  wires  or  cables  or  attachments,  such  as  are  here-  recorded^etc6 
inbefore  described,  shall  be  recorded  by  the  clerk  of  the  city  or  of  the  town 
in  books  kept  exclusively  for  the  purpose,  and  where  notice  has  been  given 
as  hereinbefore  provided  the  clerk  of  the  city  or  the  chairman  or  a  majority 
of  the  selectmen  shall  certify  on  said  record  that  the  order  was  adopted 
after  due  notice  and  a  public  hearing  as  hereinbefore  prescribed,  and  no 
such  order  shall  be  valid  without  such  certificate.  The  company  or 
companies  in  whose  favor  the  order  is  made  shall  pay  for  such  record  the 
same  fees  as  are  allowed  for  the  entering  and  recording  of  deeds  by  registers 
of  deeds,  and  shall  be  entitled  to  attested  copies  of  said  orders  and  certifi- 
cates upon  payment  of  the  same  fees  as  are  allowed  to  registers  of  deeds 
for  copies. 

The  mayor  and  aldermen  or  selectmen  may  under  the  provisions  of  this  other  wires 
section  authorize  the  attachment  of  the  wires  and  fixtures  of  a  street 
railway  or  electric  railroad  company  to  the  poles,  piers  and  abutments  of 
another  owner,  or  the  attachment  of  the  wires  and  fixtures  of  another 
owner  to  the  poles,  piers  and  abutments  of  such  company,  and  may  grant 
joint  or  identical  locations  for  the  erection  or  construction  of  poles,  piers 
or  abutments  to  be  owned  and  used  in  common  by  such  company  and 
another  owner  or  other  owners,  and  locations  for  the  transmission  lines 
and  telephone,  signal  and  feed  wires  of  such  company  in  public  ways  or 
parts  thereof,  other  than  those  public  ways  or  parts  thereof  in  which  the 
tracks  of  such  company  are  laid,  and  locations  for  additional  poles  to 
support,  or  alterations  of  locations  for  existing  poles  supporting,  trolley  or 
span  wires;  and  all  locations  granted  to  a  street  railway  or  electric  railroad 
company  hereunder  shall  be  subject  only  to  revocation  as  provided  in 
section  sixty-six  of  Part  III  of  chapter  four  hundred  and  sixty-three  of  the 
acts  of  the  year  nineteen  hundred  and  six;  but  nothing  contained  in  this 
section  save  as  hereinbefore  expressly  set  forth  shall  be  held  to  apply  to  the 
poles,  wires  and  other  appliances  and  equipment  which  a  street  railway 
or  electric  railroad  company,  by  a  grant  of  location,  or  extension  or  altera- 
tion thereof,  under  any  general  or  special  law  now  or  hereafter  in  force 
relating  to  street  railways  or  electric  railroads  may  be  authorized  to  con- 
struct, maintain  and  operate  in  a  public  way;  and  no  terms,  restrictions 
and  obligations,  other  than  such  as  may  be  imposed  upon  a  grant  of  location 
for  a  street  railway  or  electric  railroad,  or  an  extension  or  alteration  thereof, 
under  any  general  or  special  law  now  or  hereafter  in  force  relating  thereto, 


196  PART  III.  —  OF   STREET  RAILWAY  COMPANIES. 

shall  be  imposed  upon  locations  granted  to  a  street  railway  or  electric 
railroad  company  hereunder,  save  locations  for  its  transmission  lines  or 
telephone,  signal  or  feed  wires  in  public  ways  or  parts  thereof  other  than 
those  public  ways  and  parts  thereof  in  which  the  tracks  of  such  company 
are  laid. 

R.  L.  122,  §  17,      SECTION  3.    Chapter  one  hundred  and  twenty-two  of  the  Revised  Laws 
is  hereby  amended  by  striking  out  section  seventeen  and  inserting  in  place 
Poles,  etc.,  to     thereof  the  following:  —  Section  17.     Such  person  or  corporation  shall 
etcma  plainly  mark  each  pole,  pier,  abutment,  or  other  fixture  supporting  wires 

or  cables  containing  wires  over  streets  or  buildings  with  the  name  or  ini- 
tials of  the  owner  of  such  pole,  pier,  abutment  or  other  fixture.  Wherever 
cross  arms  or  other  appliances  for  the  support  of  wires  or  cables  belonging 
to  different  owners  are  attached  to  the  same  pole,  pier,  abutment  or  other 
fixture,  every  such  cross  arm  or  other  appliance  shall  plainly  be  tagged  or 
marked  with  the  name  or  initials  of  the  owner  thereof.  Wherever  wires 
or  cables  belonging  to  different  owners  are  attached  to  the  same  cross  arm 
or  other  appliances  for  the  support  of  wires  or  cables,  every  wire  or  cable 
shall  be  tagged  or  marked  with  the  name  or  initials  of  the  owner  at  or  near 
its  point  of  attachment  to  such  cross  arm  or  other  appliance.  No  such 
tag  or  mark  shall  be  required  for  the  wires,  poles,  piers,  abutments  and 
other  fixtures  of  a  street  railway  or  electric  railroad  company,  except  for 
its  feed  wires  supported  by  poles  carrying  wires  or  cables  belonging  to 
another  owner,  and  for  its  poles  supporting  wires  or  cables  belonging  to 
another  owner,  and  for  poles  belonging  jointly  to  the  street  railway 
company  and  another  owner. 

R.  L.  122,  §  20,  SECTION  4.  Chapter  one  hundred  and  twenty-two  of  the  Revised  Laws 
is  hereby  amended  by  striking  out  section  twenty  and  inserting  in  place 
insulation  of  thereof  the  following :  —  Section  20.  Poles  and  other  structures  which 
poles,  etc.  are  uge(j  j.Q  SUppOrt  imes  for  the  transmission  of  electricity  shall  be  in- 
sulated in  such  manner  as  to  protect  employees  and  other  persons  from 
accidents.  If  such  poles  and  other  structures  are  of  any  material  except 
wood,  and  support  lines  which  are  operated  at  a  voltage  in  excess  of  two 
thousand  volts,  they  shall  be  plainly  and  conspicuously  marked  "  Danger- 
ous. Keep  Away."  The  officer  and  inspector  of  wires  appointed  under 
the  authority  of  section  eighteen  of  said  chapter  one  hundred  and  twenty- 
two,  or  the  commissioner  of  wires  of  the  city  of  Boston,  shall  enforce  the 
provisions  of  this  section,  and  he  shall  be  the  sole  judge  of  what  consti- 
tutes a  proper  insulation  and  marking. 

R.  L.  122,  §  23,  SECTION  5.  Chapter  one  hundred  and  twenty-two  of  the  Revised  Laws 
is  hereby  amended  by  striking  out  section  twenty-three  and  inserting  in 
Name  of  cor-  place  thereof  the  following:  —  Section  23.  A  corporation  or  person  main- 
?o  be 'attached,  Gaining  or  operating  telephone,  telegraph  or  other  electric  wires  shall,  at 
e*c-  all  places  where  such  wires  are  affixed  by  any  pole,  structure  or  fixture  to 

the  property  of  another,  mark  such  pole,  structure  or  fixture  in  a  clear, 
durable  and  legible  manner  with  the  name  or  initials  of  the  corporation 
or  person  maintaining  or  operating  such  wires,  and  any  corporation  or 
person  failing  to  comply  with  the  provisions  of  this  section  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars. 

R.  L.  122,  §  28,  SECTION  6.  Chapter  one  hundred  and  twenty-two  of  the  Revised  Laws 
is  hereby  amended  by  striking  out  section  twenty-eight  and  inserting  in 
wires  may  be  place  thereof  the  following:  —  Section  28.  Whenever,  in  order  to  move  a 
building  or  for  any  other  necessary  purpose,  a  person  desires  that  the 
wires  of  any  such  company  be  cut,  disconnected  or  removed,  the  company 
shall  forthwith  cut,  disconnect  or  remove  the  same,  if  the  person  desiring 
this  to  be  done  has  first  left  a  written  statement,  signed  by  him,  of  the 
time  when,  and  the  place,  described  by  reference  to  the  crossings  of  streets 


PART   III.  —  OF   STREET    RAILWAY   COMPANIES. 


197 


or  highways,  where  he  wishes  to  remove  said  wires,  at  the  office  of  the 
company  in  the  town  in  which  such  place  is  situated,  twenty-four  hours 
before  the  time  so  stated,  or,  if  there  is  no  such  office,  if  he  has  deposited 
such  statement  in  the  post  office,  properly  prepaid,  and  directed  to  the 
company  at  its  office  nearest  to  said  place,  three  days  before  the  time 
mentioned  in  said  statement.  If  the  company  neglects  or  refuses  to  cut, 
disconnect  or  remove  wires  as  hereinbefore  provided,  the  inspector  of 
wires,  or  the  selectmen  of  a  town  where  there  is  no  inspector  of  wires, 
may  cause  the  same  to  be  cut,  disconnected  or  removed,  and  the  city 
or  town  may  recover  of  the  company  in  an  action  of  contract  the  expense 
of  so  doing. 

SECTION  7.     No  ordinance  or  regulation  of  a  city  or  town,  or  regulation  when  ordi- 
or  restriction  imposed  in  a  grant  of  location,  affecting  the  erection,  main-  i^oo.  shall811' 
tenance  or  operation  of  a  line  for  the  transmission  of  electricity  for  light,  take  effect, 
heat  or  power  extending  or  intended  to  extend  from  some  point  in  one 
city  or  town  through,  or  to  some  point  in  another  city  or  town,  shall  take 
effect  until  the  same  shall  have  been  approved  by  the  board  of  gas  and 
electric  light  commissioners  in  the  case  of  electric  light,  heat  or  power 
companies,  and  by  the  board  of  railroad  commissioners  in  the  case  of 
street  railway  and  electric  railroad  companies. 

SECTION  8.     Any  company  subject  to  the  provisions  of  chapter  one  Duties  of  the 
hundred  and  twenty-two  of  the  Revised  Laws,  except  a  telegraph  or  tele-  ught^ommis1-" 
phone  company,  desiring  to  construct  a  line  for  the  transmission  of  elec-  sioners,  etc. 
tricity  which  will  of  necessity  pass  through  one  or  more  cities  or  towns  to 
connect  the  proposed  termini  of  such  line,  whose  petition  for  the  location 
necessary  for  such  line  has  been  refused,  or  has  not  been  granted  within 
three  months  after  the  filing  thereof  by  the  mayor  and  aldermen  of  a  city 
or  the  selectmen  of  a  town  through  which  said  company  intends  to  con- 
struct such  line  for  the  purpose  aforesaid,  may  apply,  in  the  case  of  elec- 
tric light,  heat  or  power  companies  to  the  board  of  gas  and  electric  light 
commissioners,  and  in  the  case  of  street  railway  and  electric  railroad 
companies  to  the  board  of  railroad  commissioners,  for  such  location.    The  Hearing  to 
board  to  which  such  application  is  made  shall  give  a  public  hearing  thereon  be  glven' 
after  notice  to  the  mayor  and  aldermen  of  the  city  or  to  the  selectmen  of 
the  town  refusing  or  neglecting  to  grant  such  location,  and  to  all  persons 
owning  real  estate  abutting  upon  any  way  in  said  city  or  town  in  which 
such  location  is  asked  for,  as  such  ownership  is  determined  by  the  last 
assessment  for  taxation.     Said  board  shall,  if  requested  by  the  mayor  and 
aldermen  or  the  selectmen,  hold  said  hearing  in  the  city  or  town  in  which 
the  location  is  asked  for.     If  it  shall  appear  at  the  hearing  that  the  com- 
pany has  already  been  granted  and  has  accepted  a  location  for  such  line 
in  two  cities,  or  in  two  towns,  or  in  a  city  and  town,  adjoining  the  city  or 
town  because  of  the  refusal  or  neglect  of  whose  mayor  and  aldermen  or 
selectmen  to  grant  a  location  therefor  the  application  is  made,  and  if  in 
the  judgment  of  said  board  the  location  is  necessary  for  the  public  con- 
venience, and  will  be  in  the  public  interest,  said  board  may  by  order 
grant  a  location  for  such  line  in  the  city  or  town  with  respect  to  which  the 
application  is  made,  and  shall  have  and  exercise  relative  thereto  the  same 
powers  and  authority  conferred  by  section  two  of  this  act  upon  the  mayor 
and  aldermen  or  selectmen,  and  in  addition  to  the  provisions  of  law  gov- 
erning such  company  may  impose  such  other  terms,  limitations  and  re- 
strictions as  the  public  interest  may  in  its  judgment  require.     Said  board  Copy  of  order 
shall  cause  an  attested  copy  of  its  order,  with  the  certificate  of  its  clerk,  warded°to 
endorsed  thereon,  that  the  order  was  adopted  after  due  notice  and  a  cl^8 0°f 
public  hearing  as  hereinbefore  prescribed,  to  be  forwarded  to  the  clerk  of  towns, 
the  city  or  of  the  town,  as  the  case  may  be,  and  the  clerk  of  the  city  or 


198 


PART  III.  —  OF   STREET  RAILWAY   COMPANIES. 


Penalty  for 
unlawful 
diversion  of 
electricity,  etc. 
1895,  330. 
Amended  by 
1908,  848. 


R.  L.  121,  §  40, 
amended. 


of  the  town  shall  record  the  same  and  shall  furnish  attested  copies  thereof 
upon  the  terms  and  in  the  manner  specified  in  section  two  of  this 
act. 

SECTION  9.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  2,  1911* 

Revised  Laws,  Chapter  121,  §  40. 

SECTION  40.  Whoever  unlawfully  and  intentionally  injures  or  de- 
stroys, or  suffers  to  be  injured  or  destroyed,  any  meter,  pipe,  conduit, 
wire,  line,  pole,  lamp  or  other  apparatus  belonging  to  a  street  railway 
company,  an  electric  railroad  company  or  a  corporation,  private  or  munici- 
pal, or  company  engaged  in  the  manufacture  or  sale  of  electricity  for 
lighting  purposes,  or  unlawfully  and  intentionally  prevents  an  electric 
meter  from  duly  registering  the  quantity  of  electricity  supplied,  or  in 
any  way  interferes  with  its  proper  action  or  just  registration,  or,  without 
the  consent  of  such  corporation  or  company,  unlawfully  and  intentionally 
diverts  any  electric  current  from  any  wire  of  such  corporation  or  company, 
or  otherwise  unlawfully  and  intentionally  uses  or  causes  to  be  used,  with- 
out the  consent  of  such  corporation  or  company,  any  electricity  manu- 
factured or  distributed  by  such  corporation  or  company,  shall,  for  every 
such  offence,  be  punished  by  a  fine  of  not  more  than  one  hundred  dollars 
or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

Acts  of  1908,  Chapter  243. 

An  Act  to  protect  Street  Railway  Companies,  Electric  Railroad  Companies 
and  Municipalities  engaged  in  the  Manufacture  or  Sale  of  Electricity 
for  Lighting  Purposes  from  the  Unlawful  Use  of  or  Diversion  of  Elec- 
tricity from  their  Wires. 

Section  forty  of  chapter  one  hundred  and  twenty-one  of  the  Revised 
Laws  is  hereby  amended  by  inserting  after  the  word  "to",  in  the  third 
line,  the  words :  —  a  street  railway  company,  an  electric  railroad  com- 
pany or,  —  and  by  inserting  after  the  word  "corporation",  in  the  fourth 
line,  the  words:  —  private  or  municipal,  —  so  as  to  read  as  follows:  — 
Section  40.  [For  §  Jfl  as  amended,  see  above.] 


DESTRUCTION   OF   LINE,   WIRE,   POLES,   ETC. 
Acts  of  1908,  Chapter  233. 

An  Act  to  extend  the  Provisions  of  Section  Twenty-seven  of  Chapter  One 
Hundred  and  Twenty-two  of  the  Revised  Laws  to  Street  Railway 
Companies,  Electric  Railroad  Companies  and  Municipalities  engaged 
in  the  Manufacture  and  Sale  of  Electricity,  and  to  increase  the  Penalty 
therein  provided  in  Certain  Cases. 

R-  L-  122,  §  27,  Section  twenty-seven  of  chapter  one  hundred  and  twenty-two  of  the 
Revised  Laws  is  hereby  amended  by  inserting  after  the  word  "property", 
JQ  ^e  ^njr(j  }me;  ^ne  WOrds  :  —  of  any  street  railway  company,  of  any 
electric  railroad  company,  or  of  any  city  or  town  engaged  in  the  manu- 
facture and  sale  of  electricity  for  light,  heat  or  power  or,  —  and  by  add- 
ing at  the  end  thereof  the  words:  —  and  whoever  shall  do  any  of  the 
acts  prohibited  by  this  section  between  the  hours  of  four  o'clock  in  the 
afternoon  and  seven  o'clock  in  the  morning  shall  be  punished  by  a  fine 
of  not  more  than  one  thousand  dollars  or  by  imprisonment  for  not  more 
than  four  years,  or  by  both  such  fine  and  imprisonment,  —  so  as  to  read 


Fft.L.  iss, 
1  27,  see  p.  sss. 


*  For  full  text  of  Revised  Laws,  chapter  122,  as  amended,  see  last  section  of  this  compilation, 
pages  274  to  283. 


PART  III.  —  OF   STREET   RAILWAY   COMPANIES. 


199 


as  follows:  —  Section  27.    Whoever  unlawfully  and  intentionally  injures,  Destruction 

,  -  ,..,.  ,  «  4.1.      of  wires,  poles, 

molests  or  destroys  any  line,  wire,  pole,  pier  or  abutment,  or  any  ot  the  etc.  Penalty. 
materials  or  property  of  any  street  railway  company,  of  any  electric  rail- 
road company,  or  of  any  city  or  town  engaged  in  the  manufacture  and 
sale  of  electricity  for  light,  heat  or  power  or  of  any  company,  owner  or 
association  described  in  sections  one  and  twenty-five  shall  be  punished  by 
a  fine  of  not  more  than  five  hundred  dollars  or  by  imprisonment  for  not 
more  than  two  years,  or  by  both  such  fine  and  imprisonment;  and  who- 
ever shall  do  any  of  the  acts  prohibited  by  this  section  between  the  hours 
of  four  o'clock  in  the  afternoon  and  seven  o'clock  in  the  morning  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars  or  by  imprison- 
ment for  not  more  than  four  years,  or  by  both  such  fine  and  imprison- 
ment. [Approved  March  18,  1908. 

LEASE   OR   SALE   OP   RAILWAY. 

SECTION  51.  A  street  railway  company  shall  not  lease  or  ^lelsedTr* to 
contract  for  the  operation  of  its  railway  for  a  period  of  more  sold,  except, 
than  ninety-nine  years  without  the  consent  of  the  general  court,  1864, 229,  §  24. 
nor,  except  as  provided  in  the  three  following  sections,  shall  it  p.  s.'  m',  f  56. 
sell  its  railway  unless  authorized  so  to  do  by  its  charter  or  by  R89L:  ill;  f  Is. 
special  act  of  the  general  court.  157  Mass.  39.  173  Mass.  287.  i27Aj&.6ib4. 

SECTION  52.     A  street  railway  company  incorporated  under  Sale  or 
the  laws  of  this  commonwealth  may  sell  and  convey  the  whole  i897°269,Ti. 
or  a  part  of  its  franchise  and  property  to,  or  may  consolidate  iw  itau'.*89.' 
with,  any  other  such  street  railway  company  whose  railway  l°069  $"**;  f/f; 
connects  with,   intersects  or  forms  a  continuous  line  with  its  f$'i?ss7by 
own,  if  the  facilities  for  travel  on  the  railway  of  each  of  said  ?°el91?:64& 

i<      •    •   i       i  1  «i>  [For  section  67, 

companies  shall  not  be  thereby  diminished,  or  the  rates  of  fare  Part  T> see 
increased,  and  such  other  company  may  purchase  of  or  con- 
solidate with  it  as  aforesaid;  but  such  purchase  and  sale  or 
consolidation  shall  not  be  valid  or  binding  until  its  terms  have 
been  agreed  to  by  a  majority  of  the  directors,  and  have  been 
approved,  at  meetings  called  for  the  purpose,  by  a  vote  of  two 
thirds  in  interest  of  the  stockholders  of  each  of  the  contracting 
companies,  and  by  the  board  of  railroad  commissioners  as  re- 
quired  by   section   sixty-seven   of   Part   I.     Whenever   a  street  ^™^ ^n 
railway  company  sells  and  conveys  the  whole  or  a  part  of  its  way.com- 
franchise  and  property  to,  or  consolidates  with,  any  other  street  P' 
railway   company,    every   stockholder   of   both   the   purchasing   or 
consolidated  company  and  of  the  selling  company  shall  be  deemed 
to  assent  to  the  terms  of  purchase  and  sale  or  of  consolidation, 
when  approved  by  the  board  of  railroad  commissioners  in  accord- 
ance with  any  provisions  of  law  requiring  such  approval,  unless, 
within  thirty  days  after  the  date  of  such  approval,  he  shall  file 
with  the  clerk  of  said  board  a  writing,  declaring  his  dissent  from 
said  terms  and  stating  the  number  of  shares  held  by  him  and  the 
number  of  the  certificate  or  certificates  evidencing  the  same:  pro-  Proviso. 
vided,  however,  that,  as  against  any  stockholder  under  any  legal 
incapacity  to  act  for  himself  and  having  no  legal  guardian,  said 
period  of  thirty  days  shall  not  begin  to  run  until  the  removal  of 
such  incapacity  by  the  appointment  of  a  legal  guardian,  or  other- 


200 


PART  III.  —  OF  STREET   RAILWAY  COMPANIES. 


Valuation  of 
shares  of  dis- 
senting stock- 
holders, etc. 


Commission- 
ers' report  to 
be  final  and 
conclusive, 
etc. 


Exceptions. 


wise.  The  shares  of  any  stockholder  so  dissenting,  shall  be  ac- 
quired by  the  purchasing  or  consolidated  company,  and  shall  be 
valued,  and  the  value  thereof  be  paid  or  tendered  to,  or  deposited 
to  or  for  the  account  of,  such  stockholder  in  the  manner  following: 
Within  sixty  days  after  the  filing  as  aforesaid  of  his  dissent  from 
the  terms  of  such  sale  or  consolidation,  the  said  dissenting  stock- 
holder or  the  purchasing  or  consolidated  company  shall  file  a 
petition  with  the  supreme  judicial  court,  sitting  within  and  for 
the  county  in  which  said  stockholder  resides  or  in  any  county  in 
which  said  company  operates  any  part  of  its  railway,  which 
petition,  if  filed  by  the  company  in  a  county  other  than  that  of 
the  stockholder's  residence,  may  upon  his  application  be  removed 
to  the  county  in  which  the  said  stockholder  resides,  setting  forth 
the  material  facts  and  praying  that  the  value  of  such  dissenting 
stockholder's  shares  may  be  determined.  Thereupon,  after  such 
notice  to  all  parties  concerned  as  it  may  deem  proper,  said  court 
shall  make  an  order  requiring  such  dissenting  stockholder's  cer- 
tificate or  certificates  of  stocks  to  be  deposited  with  the  clerk  of 
said  court,  and  shall  appoint  three  commissioners  to  ascertain 
and  report  the  value  of  such  dissenting  stockholder's  shares  on 
the  day  of  the  approval  by  the  board  of  railroad  commissioners  of 
the  terms  of  the  agreement  of  purchase  and  sale  or  consolidation. 
Said  report  shall  be  made  to  the  court  as  soon  as  is  practicable, 
and,  after  due  notice  to  the  parties  in  interest,  shall  be  accepted 
by  the  court,  unless  before  such  acceptance  either  of  the  parties  to 
said  proceeding  shall  claim  a  trial  by  jury,  in  which  case  the 
court  shall  order  the  value  of  said  shares  to  be  tried  and  determined 
by  a  jury  in  the  same  manner  as  other  civil  cases  are  tried  in 
said  court.  The  said  commissioners'  report,  or  the  verdict,  when 
accepted  by  the  court,  shall  be  final  and  conclusive  as  to  the  value 
of  such  dissenting  stockholder's  shares,  and  the  amount  so  ascer- 
tained as  such  value  shall  at  once  be  paid  or  tendered  to  such 
stockholder;  or,  if  such  payment  or  tender  be  impracticable  for 
any  cause,  shall  be  paid  into  court.  Upon  such  payment  or 
tender  or  deposit,  the  shares  of  such  dissenting  stockholder  and 
the  certificate  or  certificates  thereof  shall  become  the  property  of 
the  purchasing  or  consolidated  company,  whose  right  and  title 
thereto  may  be  enforced  by  the  court  by  any  appropriate  order  or 
process.  Exceptions  may  be  taken  to  any  ruling  or  order  of 
said  court,  to  be  heard  and  determined  by  the  full  court  as  in  other 
civil  cases;  and  said  court  may  make  all  such  orders  for  the  en- 
forcement of  the  rights  of  any  party  to  the  proceedings,  for  the 
consolidation  of  two  or  more  petitions  and  their  reference  to  the 
same  commissioners,  for  the  consolidation  of  claims  for  a  jury 
trial  and  the  trial  of  two  or  more  cases  by  the  same  jury,  and  for 
the  payment  of  interest  upon  the  value  of  a  stockholder's  share  as 
determined,  and  the  payment  of  costs  by  one  party  to  the  other,  as 
justice  and  equity,  and  the  speedy  settlement  of  the  matters  in 
controversy  may  require. 


PART   III.  —  OF   STREET   RAILWAY    COMPANIES. 


201 


Acts  of  1911,  Chapter  357. 

An  Act  relative  to  the  Dissent  of  Stockholders  when  Street  Railway  Com- 
panies sell  their  Franchises  and  Property  or  consolidate  with  Other 
Companies. 

SECTION  1.    Section  fifty-two  of  Part  III  of  chapter  four  hundred  and  p^t'inf  §  52 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended. 
amended  by  adding  at  the  end  thereof  the  following  :  —  [For  §  52,  as 
amended,  see  above.] 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
April  89,  1911. 

SECTION  53.     The  purchasing  or  consolidated  company  may,  increase  of 
subject  to  the  provisions  of  section  one  hundred  and  seven,  in-  an^issue^f  ' 
crease  its  capital  stock  and  issue  bonds  to  an  amount  necessary  i^^eg,  §  2. 
for  the  purposes  authorized  in  the  preceding  section,  and  may  ^/^  J,^;  |;|7 
exchange  its  securities  for  those  of  the  selling  or  merged  com-  %09  Mass-  21*- 
pany,  if  the  aggregate  amount  of  the  capital  stock  and  debt  of 
the  two  contracting  companies  shall  not  by  reason  of  such  pur- 
chase and  sale  or  consolidation  be  increased. 

SECTION  54.     Such  purchasing  or  consolidated  company  shall  d°^f0fnd 
have  the  powers  and  privileges,  and  be  subject  to  the  duties,  consolidated 
liabilities  and  restrictions,  of  the  company  selling  or  merged,  iso?,  269,  §  3. 
but,  except  as  provided  in  this  chapter,  no  right  to  conduct  an  SOB  Mass.  214. 
express  business  or  to  be  a  common  carrier  of  merchandise  shall, 
by  reason  of  any  such  sale  or  consolidation,  be  allowed  over  any 
location  where  it  had  not  been  granted  prior  to  the  tenth  day 
of  April  in  the  year  eighteen  hundred  and  ninety-seven. 

Acts  of  1910,  Chapter  443. 

An  Act  relative  to  the  Purchase  by  Street  Railway  Companies  of  Property 
of  Foreign  Companies. 

SECTION  1.     A  street  railway  company  incorporated  under  the  laws  of  Purchase  of 
this  commonwealth  may  purchase  from  any  such  company  incorporated  foreign  com- 
under  the  laws  of  another  state  so  much  of  the  railway,  franchise  and  ^eeTrafi- 
property  of  such  other  company  as  is  located  or  used  and  exercised  within  wav  com- 
this  commonwealth  when  the  railway  of  such  other  company  connects  p' 
with,  intersects,  or  forms  a  continuous  line  with  that  of  the  purchasing 
company:    provided,  however,  that  the  facilities  for  travel  on  the  railway 
of  each  of  said  companies  within  this  commonwealth  shall  not  thereby 
be  diminished,  or  the  rates  of  fare  increased;   and  provided,  further,  that 
no  such  purchase  shall  be  valid  or  binding  until  the  terms  thereof  have 
been  approved  by  the  board  of  railroad  commissioners,  as  required  by 
section  sixty-seven  of  Part  I  of  chapter  four  hundred  and  sixty-three  of  For  Part  I, 
the  acts  of  the  year  nineteen  hundred  and  six,  and  by  any  other  acts        '  see  p' 
applicable  to  such  approval. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Approved 
April  25,  1910. 


SECTION  55.     Two    street    railway    companies,    incorporated 
under  the  laws  of  this  commonwealth,  whose  railways  connect  l^8 
with  or  intersect  each  other  or  together  form  a  continuous  line,  §§  1/2. 


202 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


R.  L.  112,  §  S£ 
See  1911,  487; 
1912,  644. 


[For  Part  I, 
§  67,  see 
p.  43.} 


Powers  under 

contracts  or 

leases. 

1897,  213,  §  4. 

R.  I,.  112,  §  90. 


may  contract  that  either  company  shall  perform  all  the  trans- 
portation upon  and  over  the  whole  or  any  part  of  the  railway 
of  the  other;  or  any  such  company  may  lease  its  franchise, 
property  and  railway  to  any  other  such  company;  but  the  facili- 
ties for  travel  on  either  of  the  railways  of  said  companies  shall 
not  be  thereby  diminished  or  the  rates  of  fare  increased.  Such 
contract  or  lease  shall  not  be  valid  or  binding  until  its  terms 
have  been  agreed  to  by  a  majority  of  the  directors,  and  have 
been  approved,  at  meetings-  called  for  the  purpose,  by  a  vote  of 
a  majority  in  interest  of  the  stockholders  of  each  of  said  com- 
panies, and  by  the  board  of  railroad  commissioners  as  re- 
quired by  section  sixty-seven  of  Part  I.  The  income  arising 
from  such  contracts  or  leases  shall  be  subject  to  the  provisions 
of  law  relative  to  the  reduction  of  fares  in  the  same  manner  as 
that  arising  from  the  use  of  the  railways.  Such  railways  shall 
be  considered  as  connecting  with  or  intersecting  each  other,  or 
forming  a  continuous  line,  if  one  of  them  connects  with  or  in- 
tersects or  forms  a  continuous  line  with  a  railway  leased  to  or 
operated  by  the  other  under  a  contract  authorized  by  the  pro- 
visions of  this  section. 

SECTION  56.  A  street  railway  company  which  contracts  for 
the  operation,  or  takes  a  lease,  of  another  railway  shall,  sub- 
ject to  the  terms  of  such  contract  or  lease,  have  and  enjoy  the 
powers  and  privileges,  and  shall  be  subject  to  the  duties,  liabili- 
ties and  restrictions  of  the  company  which  owns  it;  but  no 
right  to  carry  on  an  express  business  or  to  be  a  common  carrier 
of  merchandise  shall  be  allowed,  except  as  provided  in  this  act, 
over  any  location  where  it  had  not  been  granted  prior  to  the 
twenty-ninth  day  of  March  in  the  year  eighteen  hundred  and 
ninety-seven. 

SECTION  57.  A  street  railway  company  shall  not  appropriate 
for  the  payment  of  dividends  any  money  which  has  been  re- 
ceived from  the  sale  of  any  portion  of  its  railwray,  unless  it 
first  reduces  its  capital  stock  issued,  by  an  amount  which,  at  its 
par  value,  is  equal  to  the  amount  which  such  portion  of  its 
railway  cost  said  company. 


ISSUE   OF   SECURITIES   BY   FOREIGN   CORPORATIONS. 


by"oreign°ck 
compani.es 
of  domestic 


SECTION  58.     If  a  foreign  corporation  which  owns  or  con- 
trols  a  maiority  of  the  capital  stock  of  a  domestic  street  rail- 

•  ill  1  "1  i?     "       J     1 

way  company  issues  stock,  bonds  or  other  evidences  01  mdebt- 
edness  based  upon  or  secured  by  the  property,  franchise  or 
'  stock  of  such  domestic  company,  unless  such  issue  is  author- 
ized by  the  law  of  this  commonwealth,  the  supreme  judicial 
court  shall  have  jurisdiction  in  equity  in  its  discretion  to  dis- 
solve such  domestic  company.  If  it  appears  to  the  attorney- 
general  that  such  issue  has  been  made,  he  shall  institute 
proceedings  for  such  dissolution  and  for  the  proper  disposition 
of  the  assets  of  such  company.  The  provisions  of  this  section 
shall  not  affect  the  right  of  foreign  corporations,  their  officers  or 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  203 

agents  to  issue  stock  and  bonds  in  fulfilment  of  contracts  ex- 
isting on  the  fourteenth  day  of  July  in  the  year  eighteen  hun- 
dred and  ninety-four. 

ELECTRICITY. 

SECTION  59.     A  city  or  a  town  shall  not  manufacture  or  dis-  cities  and 
tribute  electricity  for  furnishing  light,  heat  or  power  for  the  m^a^ure 
operation  of  the  cars  of  a  street  railway  company.  efeSity1  for 

1891,370,§1.  R.  L.  34,  §  1.  153  Mass.  129.  163  Mass.  346.  operation  of 

1894, 533.  150  Mass.  592.  155  Mass.  601,  605.  cars- 

SECTION  60.     A  town  in  which  no  person  or  corporation  is  Certain  towns 
engaged  in  the  business  of  generating  or  distributing  electricity  decytndty  for 
for  sale  for  lighting  purposes  and  which  is  not  itself  engaged  pogrom111" 
in  such  business,  and  which  has  voted  or  shall  vote,  in  accord-  companies*87 
ance  with  the  provisions  of  chapter  thirtv-four  of  the  Revised  r19,02' 4,4 ?' §  I- 

r    ,  ,  "        ,  „  [Amended.     See 

Laws,  to  construct  one  or  more  plants  tor  the  manufacture  or  iwe,  sis.] 
distribution  of  electricity  for  furnishing  light  for  municipal 
use  or  for  the  use  of  its  inhabitants,  or  for  both  purposes,  may 
make  contracts,  for  a  term  not  exceeding  ten  years,  with  any 
street  railway  company  operating  a  street  railway  in  such  town, 
for  the  purchase  of  electricity  from  such  street  railway  com- 
pany, for  the  purpose  of  furnishing  light  for  municipal  use  or 
for  the  use  of  its  inhabitants,  or  for  both  purposes;  and  any 
street  railway  company  may  make  contracts  for  furnishing  elec- 
tricity as  aforesaid  to  a  town,  but  the  same  shall  not  become 
operative  unless  the  board  of  railroad  commissioners  shall,  after 
public  notice  and  a  hearing,  approve  the  terms  thereof  as  con- 
sistent with  the  public  interests. 

Acts  of  1906,  Chapter  218. 

An  Act  relative  to  the  Purchase  of  Electricity  by  Towns  from  Street  Rail- 
way Companies. 

Section  one  of  chapter  four  hundred  and  forty-nine  of  the  acts  of  the  1902, 44:1,  §  i, 
year  nineteen  hundred  and  two  is  hereby  amended  by  striking  out  the  amended- 
words  "and  which  is  not  itself  engaged  in  such  business",  in  the  third 
and  fourth  lines,  and  by  inserting  after  the  word  "light",  in  the  eighth 
and  fourteenth  lines,  the  words:  — •  or  power,  • — •  so  as  to  read  as  follows: 
—  Section  1 .    A  town  in  which  no  person  or  corporation  is  engaged  in  the  Certain  towns 
business  of  generating  or  distributing  electricity  for  sale  for  lighting  pur-  e?ecytr?"ityhfrom 
poses,  and  which  has  voted  or  shall  vote,  in  accordance  with  the  provisions  street  railway 
of  chapter  thirty-four  of  the  Revised  Laws,  to  construct  one  or  more  cc 
plants  for  the  manufacture  or  distribution  of  electricity  for  furnishing 
light  or  power  for  municipal  use  or  for  the  use  of  its  inhabitants,  or  for 
both  purposes,  may  make  a  contract  or  contracts,  for  a  term  not  exceed- 
ing ten  years,  with  any  street  railway  company  or  companies  operating 
a  street  railway  in  such  town,  for  the  purchase  of  electricity  from  such 
street  railway  company  or  companies,  for  the  purpose  of  furnishing  light 
or  power  for  municipal  use  or  for  the  use  of  its  inhabitants,  or  for  both 
purposes;  and  street  railway  companies  may  make  contracts  for  furnish- 
ing electricity  as  aforesaid  to  a  town,  but  the  same  shall  not  become 
operative  unless  the  board  of  railroad  commissioners  shall,  after  a  public 
hearing,  approve  the  terms  thereof  as  consistent  with  the  public  interests. 
[Approved  March  31, 1906. 


204  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 

e?efufchy°f  SECTION  61.     The   electricity   supplied   by   a   street   railway 

1902, 449,  §  2.    company  to  a  town  shall  be  delivered  to  the  distributing  system 

of  said  town  at  some  specified  place  or  places  therein,  and  the 

meter  or  meters  through   which   such  electricity  is   measured 

shall  be  a  part  of  the  distributing  system. 

in  case  of  SECTION  62.     If  a  town  voting  to  purchase  electricity  from  a 

disagreement,  .  •    i  i 

railroad  com-  street  railway  company  is  unable  to  agree  with  such  company 
nTpriceoSf  °  at  the  expiration  of  a  contract  made  in  accordance  with  the  pro- 
1902, 449/83.  visions  of  section  sixty  upon  the  price  to  be  paid  for  electricity 
by,  or  upon  the  manner  in  which  electricity  is  to  be  furnished 
to,  said  town  in  the  future,  such  town  through  its  selectmen 
may  apply  to  the  board  of  railroad  commissioners  to  fix  the 
price  which  said  town  shall  pay  for  said  electricity  to,  and  the 
manner  in  which  electricity  shall  be  furnished  by,  said  com- 
pany; and  thereupon  the  said  board  shall  set  a  date  for  a  public 
hearing  upon  such  application,  giving  said  company  reasonable 
notice  thereof;  and  after  the  hearing  said  board  shall,  if  it 
deems  the  furnishing  of  such  electricity  consistent  with  the  in- 
terests of  public  travel  upon  the  railway  of  such  company,  fix 
the  price  which  said  town  shall  pay  for  electricity  to,  and  the 
manner  in  which  electricity  shall  be  furnished  by,  said  com- 
pany; and  said  company  shall  thereupon  furnish  to  said  town 
electricity  at  the  price  and  in  the  manner  fixed  by  said  board. 
TO  be  subject  SECTION  63.  A  town  which  has  contracted  with  a  street 

to  certain  pro-  PI  i  • '    i  •    •  t_'    it  i  i   • 

visions  of  law.  railway  company  tor  the  purchase  ot  electricity  shall  be  subject 
to  the  provisions  of  chapter  thirty-four  of  the  Revised  Laws  and 
of  all  acts  in  amendment  thereof  or  in  addition  thereto,  so  far 
as  the  same  may  be  applicable. 

EXTENSION    OF   LOCATION. 

locatfol011  °f          SECTION  64.     The  board  of  aldermen  of  a  city  or  the  select- 
p87!' iisVI'i  men  °^  a  town>  uPon  tne  petition  of  fifty  legal  voters,  or  [the 
i89s',  578,'  I  is!  president  or  a  majority  of  the  directors]  upon  the  petition  exe- 
1902,'  399.'      '  cuted  in  accordance  with  the  by-laws  or  a  vote  of  the  directors  of 
[i2bp*A?'G.8°'   a  street  railway  company  whose  tracks  are  located  in  said  city 
105.  or  town,  after  public  notice  and  a  hearing  as  provided  in  section 
seven>  may  grant  a  location  for  the  extension  of  the  tracks  of 
see  1909, '417,    such  company,  and  prescribe  how  said  tracks  shall  be  laid  and 
see  191 1,442,    the  kind  of  rails,  poles,  wires  and  other  appliances  to  be  used; 
but  they  shall  impose  no  terms  or  conditions  to  such  grant  in 
addition  to  those  imposed  by  general  laws  on  street  railway 
companies  in  force  on  the  first  day  of  October  in  the  year 
eighteen  hundred  and  ninety-eight,  or  such  as  may  have  been 
imposed  in  the  grant  of  original  location  to  such  company  in 
such  city  or  town  subsequently  to  said  date.     No  such  exten- 
sion of  a  location  shall  be  valid,  until  the  board  of  railroad  com- 
missioners, after  public  notice  and  a  hearing,  shall  certify  that 
such  extension  is  consistent  with  the  public  interests.     If  said 
board  requires  an  alteration  in  such  extension  before  certifying 
that  the  same  is  consistent  with  the  public  interests,  said  board 


PART  IIIS  —  OF  STREET   RAILWAY  COMPANIES.  205 

shall  notify  the  board  of  aldermen  or  selectmen  granting  such 
extension  of  such  alteration;  and  thereafter  said  board  of 
aldermen  or  selectmen  may  amend  such  extension  in  accord- 
ance with  such  alteration:  provided,  that,  if  such  alteration 
involves  a  change  in  the  route  of  the  railway,  public  notice  and 
a  hearing  shall  be  given  as  hereinbefore  provided  in  the  case 
of  the  original  application  for  an  extension;  and  thereafter  the 
board  of  railroad  commissioners  may,  as  a  part  of  the  original 
proceedings  before  it,  certify  that  such  extension  so  amended 
is  consistent  with  the  public  interests.  An  extension,  so  certi- 
fied to  be  consistent  with  the  public  interests,  shall  be  a  valid 
location,  if,  within  [thirty!  sixty  days  after  the  issue  of  notice 
of  said  certification  to  the  company,  [a  majority  of  the  direc- 
tors] it  shall  file  a  written  acceptance  of  such  extension,  exe- 
cuted in  accordance  with  its  by-laws  or  a  vote  of  its  directors 
with  the  board  of  aldermen  or  selectmen.  An  extension 
granted  by  a  board  of  aldermen  or  selectmen,  but  refused 
certification  hereunder  by  the  board  of  railroad  commissioners, 
or  not  accepted  as  hereinbefore  provided,  shall  be  void. 

Acts  of  1909,  Chapter  417,  §  2. 

SECTION  2.     Section  sixty-four  of  Part  III  of  said  chapter  four  hundred  isoe,  463, 
and  sixty-three  is  hereby  amended  by  striking  out  the  words  "the  presi-  fmendld.5  64' 
dent  or  a  majority  of  the  directors",  in  the  third  line,  and  inserting  in  fl^f™"^' 
place  thereof  the  words  :  —  upon  the  petition  executed  in  accordance  with 
the  by-laws  or  a  vote  of  the  directors,  —  by  striking  out  the  word  "thirty", 
in  the  thirty-third  line,  and  inserting  in  place  thereof  the  word  :  —  sixty, 
—  by  striking  out  the  words  "a  majority  of  the  directors",  in  the  thirty- 
fourth  and  thirty-fifth  lines,  and  inserting  in  place  thereof  the  word  :  — 
it,  —  and  by  inserting  after  the  word  "extension",  in  the  thirty-fifth  and 
thirty-sixth  lines,  the  words  :  —  executed  in  accordance  with  its  by-laws 
or  a  vote  of  its  directors,  —  so  as  to  read  as  follows:  —  Section  64-    [For 
§  64  as  amended,  see  above.] 

ALTERATION   OF   LOCATION. 

SECTION  65.     The  board  of  aldermen  of  a  city  or  the  select-  Alteration  of 
men  of  a  town,  upon  the  petition  [of  the  president,  or  a  ma-  iseV^.  §  u. 
jority  of  the  directors]  executed  in  accordance  with  the  by-laws  p87s.'  113,  1  22! 
or  a  vote  of  the  directors  of  a  street  railway  company  whose  R9L.  til;  f  31. 
tracks  are  located  in  said  city  or  town,  or  upon  the  petition  of  ll^Va^s'  sie 
any  interested  party,  after  public  notice  and  a  hearing  as  pro-  n^T69' 
vided  in  section  seven,  may  alter  the  location  of  the  tracks  in  392,  489.] 


,  -i       i    •  i         l_  •  •    •  f       i  ass.  105. 

the  manner  prescribed  m,  and  subject  to  the  provisions  of,  the  Amended  by 
preceding  section.     Such  alteration  shall  be  made  by  such  com-  s9e°'  g  1900,411', 
pany  within  such  time,  and  the  expense  thereof  shall  be  borne  I£  1911,442, 
by  such  party  or  parties  and  in  such  proportions,  as  the  board  609- 
of  aldermen  or  selectmen  may  determine.     No  such  alteration 
of  a  location  shall  be  valid,  until  the  board  of  railroad  commis- 
sioners, after  public  notice  and  a  hearing,  shall  certify  that  such 
alteration  is  consistent  with  the  public  interests.     If  said  board 
requires   an   amendment   to   such   alteration   before   certifying 


206  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 

that  the  same  is  consistent  with  the  public  interests,  said  board 
shall  notify  the  board  of  aldermen  or  selectmen  of  such  amend- 
ment; and  thereafter  said  board  of  aldermen  or  selectmen  may 
amend  such  alteration  in  accordance  with  the  said  amendment: 
provided,  that,  if  such  amendment  involves  a  change  in  the 
route  of  the  railway,  public  notice  and  a  hearing  shall  be  given 
as  hereinbefore  provided  in  the  case  of  the  original  application 
for  an  alteration;  and  thereafter  the  board  of  railroad  com- 
missioners may,  as  a  part  of  the  original  proceedings  before  it 
certify  that  such  alteration  so  amended  is  consistent  with  the 
public  interests.  An  alteration,  so  certified  to  be  consistent 
with  the  public  interests,  shall  be  a  valid  location,  if,  within 
[thirty]  sixty  days  after  the  issue  of  notice  of  said  certification 
to  the  company,  [a  majority  of  the  directors]  it  shall  file  a 
written  acceptance  of  such  alteration,  executed  in  accordance 
with  its  by-laws  or  a  vote  of  its  directors,  with  the  board  of  alder- 
men or  selectmen. 

Acts  of  1909,  Chapter  417,  §  3. 

1906, 463,  SECTION  3.    Section  sixty-five  of  Part  III  of  said  chapter  four  hundred 

amended.  '  and  sixty-three  is  hereby  amended  by  striking  out  the  words  "of  the 
fjj'fos'^'  Pres^ent  or  a  majority  of  the  directors",  in  the  second  and  third  lines, 
and  inserting  in  place  thereof  the  words :  —  executed  in  accordance  with 
the  by-laws  or  a  vote  of  the  directors,  —  by  striking  out  the  word  "  thirty  ", 
in  the  thirtieth  line,  and  inserting  in  place  thereof  the  word-  — •  sixty,  — 
by  striking  out  the  words  "a  majority  of  the  directors",  in  the  thirty- 
first  and  thirty-second  lines,  and  inserting  in  place  thereof  the  word :  — 
it,  —  and  by  inserting  after  the  word  "alteration",  in  the  thirty-second 
and  thirty-third  lines,  the  words:  —  executed  in  accordance  with  its 
by-laws  or  a  vote  of  its  directors,  —  so  as  to  read  as  follows :  —  Section  65. 
[For  §  65  as  amended,  see  above.] 

Acts  of  1910,  Chapter  518. 

An  Act  relative  to  Temporary  Locations  for  Street  Railway  Companies. 
Temporary  The  several  boards  and  commissions  authorized  by  law  to  grant  loca- 

locations  may       ..  ..  /.        ,,  r          •,-,• 

be  granted  tions  to  street  railway  companies  may,  for  the  purpose  of  enabling  any 
companies**5  such  company  to  avoid  interruption  of  its  service,  upon  the  petition  of 
See  1911, 442.  such  company  or  of  any  interested  party,  grant  temporary  locations  for 
the  tracks  of  the  company  in  any  public  place  or  way,  or  may  approve 
temporary  locations  upon  private  land  without  a  notice  and  hearing. 
The  board  or  commission  granting  or  approving  such  temporary  locations 
may  place  a  limit  of  time  upon  their  use,  and  if  unlimited  as  to  time 
such  use  shall  terminate  after  such  reasonable  time  as,  in  the  opinion  of 
the  board  or  commission  granting  or  approving  the  same,  will  permit, 
without  interruption,  the  restoration  of  service  upon  the  locations  of  the 
company.  The  board  of  railroad  commissioners  may  approve  such  tem- 
porary locations  without  a  notice  and  hearing.  [Approved  May  13,  1910. 

REVOCATION   OF   LOCATION. 

Ecltion* ion  °f  SECTION  66.  The  board  of  aldermen  of  a  city  or  the  select- 
is™'  iii' §  15'  men  °f  a  town>  after  the  expiration  of  one  year  from  the  open- 
§§i6,i7.'  ing  for  use 'of  a  street  railway  in  their  city  or  town,  and  after 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES. 


207 


public  notice  and  a  hearing  as  provided  in  section  seven,  if  the 
public  necessity  and  convenience  in  the  use  of  the  streets  so  1898/578,  §  17. 
require,  may,  for  good  and  sufficient  reasons  to  be  stated  in  the  111  Mass.' 232.' 
order  therefor,  revoke  the  location  of  a  street  railway  in  any  }ll  Mall.  sal'. 
highway  or  street  in  said  city  or  town;  but  unless,  within  thirty  wg*911'44®' 
days    after   such   order   of   revocation,    the   company    consents 
thereto  in  writing,  such  order  shall  not  be  valid  until  approved 
by  the  board  of  railroad  commissioners  after  public  notice  and 
a  hearing.     Upon  the  approval  of  such  order  of  revocation,  the 
company   shall   remove  the   railway  in  conformity   with   such 
order  and  shall  put  the  surface  of  streets  which  has  been  dis- 
turbed by  such  removal  into  as  good  condition  as  the  adjacent 
surface  of  said  streets.     If  the  company  neglects  to  comply  with 
such  order  after  thirty  days'  notice  of  the  approval  thereof,  the 
board  of  aldermen  or  the  selectmen  may  cause  it  to  be  executed 
and  the  work  to  be  done  at  the  expense  of  the  company,  and 
such  expense  shall  be  recovered  in  an  action  of  tort 

STREET   OR   HIGHWAY   WIDENING. 

SECTION  67.     If  application  is  made  for  a  location  in  a  street  street  or  high- 

...  .  ,  .    .^x  ..  ilji    way  widening. 

or  highway  m  which  no  street  railway  tracks  are  located,  and  isos,  578,  §  19. 
such  street  or  highway  is  widened  under  the  provisions  of  chap- 
ters forty-eight  or  fifty  of  the  Revised  Laws  by  an  order  de- 
claring the  widening  to  be  rendered  necessary  for  the  public 
convenience  for  the  purpose  of  granting  such  location  of  street 
railway  tracks  therein,  a  proportionate  share  of  the  expense  of 
such  widening  may  be  assessed  upon  a  street  railway  company 
which  accepts  a  location  in  the  street  or  highway  so  widened; 
but  the  amount  of  such  assessment,  in  addition  to  the  amounts 
assessed  on  real  estate,  shall  not  exceed  one  half  of  the  total 
cost  of  such  widening. 

SECTION  68.     If  a  street  or  highway  in  which  the  tracks  of  a  Alteration  or 
street  railway  company  have  been  located  for  a  period  of  five  gradlof^treet 
years  is  altered,  or  if  the  grade  thereof  is  changed  under  the  or  highway. 

..  i»      i  <»  •    i  r»f  <»iT-»-iT  Betterments. 

provisions  or  chapters  torty-eight  or  nity  of  the  Revised  Laws,  1898, 578,  §  20. 
the  company  shall  pay  such  proportionate  share  of  the  expense  see  1907, '574,  ' 
thereof,   including  therein  the  necessary  cost  of  changing  its  §6' 
railway  to  conform  to  such  alteration  or  change  of  grade,  as 
may  be  assessed  upon  it,  provided  that,  if  betterments  are  as- 
sessed, no  such  assessment  on  the  company  shall  exceed  the 
aggregate  amount  of  all  the  betterments  assessed   upon   real 
estate,  and  that  in  no  case  shall  such  assessment  exceed  one 
quarter  of  the  total  cost  of  such  alteration  or  change  of  grade. 

SECTION  69.     The  provisions  of  chapter  fifty  of  the  Revised  Provisions 
Laws  relative  to  the  assessment  of  betterments  on  real  estate,  applicable  to 
so  far  as  applicable,  shall  apply  to  assessments  made  under  the  R89L.  nil  I  si'. 
provisions  of  the  two  preceding  sections.     Said  assessments  shall 
be  collected  according  to  the  provisions  of  chapter  thirteen  of 
the  Revised  Laws. 


208 


PAET  III.  —  OF  STREET   RAILWAY   COMPANIES. 


i9ohiW4i4 


wo,4i7, 

See  1909, 


STATE   HIGHWAYS. 

SECTION  70.  If  the  board  of  aldermen  of  a  city  or  the  select- 
nient  of  a  town  and  [the  president  or  a  majority  of  the  directors 
,  §  ss.  of]  a  street  railway  company  having  a  location  in  a  way  which 
\  4.  said  board  of  aldermen  or  said  selectmen  or  the  county  com- 

417,  .      .  ,.    ,  i  u-    i  •  ,       .,  ,. 

missioners  ot  the  county  in  which  said  city  or  town  lies,  have  in 
writing  requested  the  commonwealth  to  take  charge  of,  make 
application  to  the  Massachusetts  highway  commission,  and  with 
the  application  submit  satisfactory  plans,  profiles  and  cross- 
sections  of  said  way,  the  commission  shall  indicate  on  such 
plans,  profiles  and  cross-sections  a  location  and  grade  for  the 
tracks  of  said  street  railway  company.  If  the  commission  con- 
siders said  way  suitable  for  a  state  highway,  and  the  com- 
mission and  [the  directors  of]  the  street  railway  company  by 
wte  of  its  directors  agree  as  to  the  proportionate  part  of  the 
cost  of  constructing  it  which  shall  be  paid  by  the  common- 
wealth and  by  the  street  railway  company,  the  commission 
may  pay,  out  of  the  appropriations  for  the  construction  and 
repair  of  state  highways,  said  proportionate  part  of  the  damages 
sustained  by  a  person  whose  property  may  be  injured  by  the 
construction  of  such  state  highway,  and  of  the  cost  of  grading 
the  said  way  to  the  lines  established  by  the  Massachusetts 
highway  commission.  A  way  which  is  graded  under  the  pro- 
visions of  this  section  shall  remain  a  town  way  or  a  highway, 
subject  to  all  laws  relative  thereto,  until  said  way  is  taken 
charge  of  as  a  state  highway  by  the  commonwealth. 


1906,  463, 
Part  III,  §  70, 
amended. 
See  1911,  442, 
481,609. 


Acts  of  1909,  Chapter  417,  §  4. 

SECTION  4.  Section  seventy  of  Part  III  of  said  chapter  four  hundred 
and  sixty-three  is  hereby  amended  by  striking  out  the  words  "the  presi- 
dent or  a  majority  of  the  directors  of",  in  the  second  and  third  lines,  — 
by  striking  out  the  words  "the  directors  of",  in  the  fourteenth  line,  and 
by  inserting  after  the  word  "company",  in  the  same  line,  the  words:  — 
by  vote  of  its  directors,  —  so  as  to  read  as  follows:  —  Section  70.  [for 
§  70  as  amended,  see  above.] 


Supervision  by       SECTION  71.     If  a  public  way  in  which  a  street  railway  loca- 

state  highway         •  i  i  111111  />  i     •  i  i 

commission.  tion  has  been  granted  shall  be  thereafter  laid  out,  taken  charge 
R.  L!  112',  §  6L  of  or  constructed  by  or  under  the  authority  of  the  Massachu- 
setts highway  commission,  the  commission  shall  thereafter, 
relative  to  the  location  and  maintenance  of  a  street  railway 
upon  such  state  highway,  have  the  authority  conferred  by  the 
provisions  of  sections  seven,  sixty-four,  sixty-five,  sixty-six  and 
seventy-nine  upon  boards  of  aldermen  and  selectmen,  and  shall 
exercise  such  authority  in  the  same  manner,  and  subject  to  the 
same  rights  and  limitations. 

Laying  and  SECTION  72.     A  state  highway  shall  not  be  dug  up  for  the 

construction  of  a  street  railway,  except  upon  written  permit  of 
the  Massachusetts  highway  commission,  and  in  accordance  with 


PART  III.  —  OF  STREET  RAILWAY   COMPANIES.  209 

the  regulations  of  the  commission;  and  the  work  shall  be  done  1893,475,  §  14. 
under  the  supervision  and  to  the  satisfaction  of  said  commis-  [I'OD.  A!  G. 
sion,   and  the  entire  expense  of  replacing  the  highway  in  as  3! 
good  condition  as  before  shall  be  paid  by  the  street  railway 
company. 

OPERATION. 

SECTION  73.     No    street    railway    or    portion    or    extension  Opening  for 
thereof  shall  be  opened  for  public  use  until  the  board  of  rail-  tiomifupon 
road  commissioners,  after  an  examination,  certifies  that  all  laws  raliroad^om- 
relative  to  its  construction  have  been  complied  with,  and  that  ™oil,°3688' 
it  appears  to  be  in  a  safe  condition  for  operation;  but  nothing  R-L.  112,  §39. 
herein  contained  shall  be  construed  as  compelling  said  board  to 
grant  such  certificate  until  the  entire  road  included  in  the  loca- 
tion of  such  railway,  portion  or  extension  has  been  completed. 

SECTION  74.     The  board  of  aldermen  of  a  city,  or  the  select-  Rules  as  to 
men  of  a  town  may,  subject  to  the  approval,  revision  or  altera-  etc6  c 
tion   of   the   board    of    railroad    commissioners,    establish   such  it?!; !!?; §  16' 
regulations  as  to  the  rate  of  speed,  the  manner  and  extent  of  f>&  |8n|; 
use  of  tracks,   and  the  number  and  routes  of  cars  which  run  R5  27, 28,  ^  ^ 
over  such  tracks,  within  such  city  or  town,  as  the  interest  and  }S£jH7'jj- 
convenience  of  the  public  may  require;  and  a  street  railway  11  Alien,  287. 

,  l     MA.  11  r  -Li  '         167  Mass.  49. 

company  whose  servants  or  agents  wilfully  or  negligently  vio-  190  Mass.  531. 
late  any  such  regulations  shall  forfeit  not  more  than  five  hun- 
dred dollars  for  each  offence. 


USE  OF  WAYS. 

Revised  Laws,  Chapter  52,  §§  6,  7. 

SECTION  6.    Cities  and  towns  may  make  ordinances  and  by-laws  to  use  of  ways, 
prevent  the  pasturing  of  cattle  or  other  animals,  either  with  or  without  ^85|'  ||- .  1Q 
a  keeper;  relative  to  the  passage  and  driving  of  sheep,  swine  and  neat  is'es',  si',  §  i.' 
cattle;  prohibiting  persons  from  riding  or  driving  beasts  of  burden,  carriage  \gj4t  225! 
or  draught,  at  a  rate  of  speed  inconsistent  with  public  safety  or  conven-  J^>  £j*6- 
ience;    regulating  the  passage  of  carriages,  sleighs,  street  cars,  or  other  p.  s.53,'§§  10- 
vehicles,  or  the  use  of  sleds  for  coasting;   regulating  and  controlling  per-  ilg^fsga 
sons  who  frequent  public  places  playing  on  hand  organs,  drums,  trumpets  }fnG/fy>  5^2 
or  other  musical  instruments,  upon  or  through  any  way  or  bridge,  and  us  Mass!  aso! 
may  affix  penalties  of  not  more  than  twenty  dollars  for  each  violation  Jh-ewo^'ivF.' 
thereof.    They  may,  by  ordinance  or  by-law,  regulate  the  transportation  1193^Ia~l-  ®80- 
of  the  offal  of  slaughtered  animals  upon  or  through  any  way  or  bridge 
and  affix  a  penalty  of  not  more  than  one  hundred  dollars  for  each  viola- 
tion thereof. 

SECTION  7.     A  city,  by  ordinance,  and  a  town,  by  by-law,  may  pro-  speed  of 
hibit  persons  from  riding  or  propelling,  or  from  causing  to  be  propelled,  a  J^^ted 
vehicle  except  such  as  is  drawn  by  a  horse  or  a  person,  upon  a  street  or  1001, 192',  §  i. 
way  therein,  at  a  rate  of  speed  which  it  considers  to  be  inconsistent  with 
public  safety  or  convenience,  and  for  a  violation  thereof  may  affix  a 
penalty  of  a  fine  of  not  more  than  one  hundred  dollars  or  of  imprison- 
ment for  not  more  than  ten  days,  or  of  both  such  fine  and  imprisonment. 

SECTION  75.     The  superintendent  of  streets  of  a  city,  or  any  clearing  snow 
officer  who  exercises  like  authority  therein,  and  the  selectmen  I'ggs.^s!^'  12. 

R.  L*.  112*  §  4L 


210 


PART   III.  OF   STREET   RAILWAY   COMPANIES. 


of  a  town,  shall  establish  regulations  for  the  clearance  of  snow 
from  its  tracks  by  any  street  railway  company  operating  in 
said  city  or  town,  and  for  the  removal  of  such  snow  by  said 
street  railway  company  from  the  streets  or  ways  in  which  such 
tracks  are  located:  provided,  that  no  street  railway  company 
shall  be  compelled  to  remove  from  the  streets  or  ways  in 
which  its  tracks  are  located  an  amount  of  snow  greater  than 
it  has  cleared  from  between  its  rails  and  between  its  tracks 
and  from  a  space  eighteen  inches  wide  on  either  side  of  its 
tracks. 

On  or  before  the  first  day  of  September  in  each  year,  the 
local  authorities  hereinbefore  named  shall  transmit  to  the  presi- 
dent or  other  officer  of  each  street  railway  company  operating 
its  cars  in  the  streets  or  ways  of  said  city  or  town,  and  to  the 
board  of  railroad  commissioners,  a  copy  of  the  regulations  as 
established  by  said  authorities.  Within  fourteen  days  after  the 
receipt  by  any  street  railway  company  of  such  regulations  said 
street  railway  company  may,  by  its  president  or  a  majority  of 
its  board  of  directors,  petition  the  board  of  railroad  commis- 
sioners for  such  amendment  thereto  as  said  president  or  said 
board  of  directors  consider  reasonable.  Said  board  shall,  after 
notice  and  a  hearing,  within  sixty  days  of  the  receipt  of  said 
petition,  file  with  said  local  authorities  and  with  the  president 
.  of  said  street  railway  company  its  findings  upon  said  petition, 
including  such  amendments  to  said  regulations,  if  any,  as  said 
board  considers  reasonable,  and  thereafter  such  regulations  as 
established  by  said  local  authorities  and  as  amended  by  said 
board  shall  be  and  remain  in  force  until  the  firs't  day  of  the 
September  following,  and  thereafter  until  other  regulations  are 
established  as  is  herein  provided. 

voluntary  dis-       SECTION  76.     If  a  street  railwav   companv  voluntarily  dis- 
continuance of  .  P  •  t  -in- 
use  of  tracks,     continues  the  use  01  anv  part  ot  its  tracks  tor  a  period  or  six 

1864,229,§19.  ,  ,  \  .  \  .      ,     ,,  ,     J       , 

1871, 381,  §  25.  months,  the  streets  or  highways  occupied  thereby  shall,  upon 
R.  L.  ill;  |  it.'  the  order  of  the  board  of  aldermen  of  a  city  or  the  selectmen  of 
i9i6M3a3J;  527.  a  town,  forthwith,  at  the  expense  of  the  company,  be  cleared  of 
398Mass' 395'  said  tracks,  and  be  put  into  as  good  condition  for  public  travel 
as  they  were  in  immediately  before  being  so  occupied.  If  a 
street  railway  company  without  right  or  lawful  excuse  discon- 
tinues the  use  of  any  track  and  when  requested  by  the  board  of 
aldermen  of  the  city  or  by  the  selectmen  of  the  town  in  which 
such  track  is  located  refuses  to  operate  the  same,  the  mayor  of 
such  city,  if  duly  authorized  by  vote  of  the  city  council  or  the 
selectmen  of  such  town  if  duly  authorized  by  vote  of  the  town, 
may  petition  the  supreme  judicial  court  to  compel  said  company 
to  resume  the  use  of  such  track  and  to  perform  all  its  corporate 
duties  relating  thereto.  Such  petition  shall  set  forth  the  facts 
upon  which  the  petitioner  relies  and  the  relief  sought,  but  shall 
not  be  defeated  for  informality,  and  may  be  amended  at  any 
stage;  and  said  court  shall  have  jurisdiction  in  equity  to  deter- 
mine the  cause  and  enforce  its  decrees  and  orders  relative 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  211 

thereto.  Upon  the  filing  of  any  such  petition  said  court  shall 
order  due  notice  to  be  served  upon  the  street  railway  company 
and  shall  advance  the  cause  to  speedy  hearing  and  final  decision. 
In  case  the  track,  the  use  of  which  has  been  discontinued,  is 
located  in  two  or  more  municipalities,  any  or  all  of  such 
municipalities  acting  by  the  officials  above  named  and  au- 
thorized as  hereinbefore  provided,  may  join  in  such  petition. 
Nothing  herein  contained  shall  be  deemed  a  legislative  con- 
struction of  any  existing  law  or  an  impairment  of  any  existing 
right  of  a  street  railway  company  to  discontinue  the  use  of 
tracks. 

SECTION  77.     The  board  of  aldermen  of  a  city  or  the  select-  Temporary 
men  of  a  town  may  order  a  street  railway  company  to  discon-  anceo/us^ 
tinue  temporarily  the  use  of  any  tracks  within  the  limits  of  such  i864?229,  §  20. 
city  or  town,  if  they  determine  that  the  public  safety  or  con-  p87g'  \\^\  1 f>6" 
venience  so  requires.  See  1908<  ®66< 552-  R- L- 112> §  37- 

SECTION  78.     A  city  or  a  town  which,  for  any  lawful  pur-  Taking  up, 
pose,  takes  up,   alters  or  discontinues  streets  or  highways  in  dis 
which  the  tracks  of  a  street  railway  company  are  located,  shall  or 
not  be  liable  in  damages  therefor  to  the  street  railway  company.  Jf^;  f|f ;  f 20.' 

P.  S.  113,  §  31.  R.  L.  112,  §  43.  135  Mass.  551. 

SECTION  79.     A  street  railway  company  shall  not  be  required  ^P^T  °f. 

•  PI  p  *    i       t»  i  •    i  streets,  nign- 

to  keep  any  portion  ot  the  surface  material  or  streets,  highways  ways  and 
and  bridges  in  repair,  but  it  shall  remain  subject  to  all  legal  1864, 229.  §  is. 
obligations  imposed  in  original  grants  of  locations,  and  may,  as  isri!  38i,  §  21. 
incident  to  its  corporate  franchise,  and  without  being  subject  p88s'  113,  §  32. 
to  the  payment  of  any  fee  or  to  any  other  condition  precedent,  R898'.  nf,  f  \\\ 
open  any  street,  highway  or  bridge  in  which  any  part  of  its  J^MaS'lti 
railway  is  located,  for  the  purpose  of  making  repairs  or  renewals  ff|-Maas  57  ' 
of  the  railwav,  or  of  any  part  thereof,  and  the  superintendent  ne  Mass.'  426. 

£  j.u  en     *  U  I  VI  0.1.       -j.  ^        130  Mass.  492. 

ot  streets  or  other  officer  who  exercises  like  authority,  or  the  132  Mass.  ITS. 
board  of  aldermen  or  selectmen  shall  issue  the  necessary  permits  les  Mass!  lie! 
therefor  in  a  city  or  town  in  which  such  are   required.     If,  173  Mass!  is?! 
during  the  original  construction  or  subsequent  alteration  or  ex-  H2  Mass- 41> 
tension  or  the  making  of  any  such  repairs  or  renewals  of  any  xfi  Mass.  294. 

.,  ,.  *          «j  *-  •    i    •        v   ^       i       i      188  Mass.  ISO. 

railwav  or  a  portion  thereot,  said  surface  maternal  is  disturbed,  ISQ  Mass.  256. 

'     i  .   i  L         •!  i      iv      .    •        191  Mass.  308. 

the  company  which  owns  or  operates  such  railway  shall,  at  its  i92M»ss.  114, 
own  cost,  except  as  provided  in  sections  sixty-five  and  seventy-  Us' Mass.  105. 
one,  replace  to  the  reasonable  satisfaction  of  the  superintendent  196  u>  s' 539' 
of  streets,  or  other  officer  who  exercises  like  authority,   said 
surface  material  with  the  same  form  of  construction  as  that 
which  was  disturbed,  or,  by  first  obtaining  the  approval  thereof 
by  such  officer,  with  a  different  material  and  form  of  construc- 
tion, and  shall  restore  said  street,  highway  or  bridge  to  as  good 
condition  as  existed  at  the  time  of  such  disturbance.     A  street 
railway  company  shall  be  liable  for  any  loss  or  injury  which 
may  be  sustained  by  any  person  in  the  management  and  use  of 
its  tracks  and  during  the  construction,   alteration,   extension, 
repair  or  renewal  of  its  railway,  or  while  replacing  the  surface 
of  any  street  which  may  have  been  disturbed  as  aforesaid,  and 


212 


PART   III.  —  OF   STREET  RAILWAY   COMPANIES. 


which  results  from  the  carelessness,  neglect  or  misconduct  of  its 
agents  or  servants  who  are  engaged  in  the  prosecution  of  such 
work,  if  notice  of  such  loss  or  injury  is  given  to  the  company 
and  an  action  therefor  is  commenced  in  the  manner  provided 
by  section  twenty  of  chapter  fifty-one  of  the  Revised  Laws. 
The  provisions  of  this  section  shall  not  affect  the  obligations  of 
any  street  railway  company  in  respect  of  the  construction  or 
maintenance  of  any  bridge  or  part  thereof  which  any  private 
person  or  corporation  may  be  liable,  in  whole  or  in  part,  to  con- 
struct or  maintain. 


Notice  of  in- 
jury.    Limita- 
tion of  action. 
1877,  234,  §  3. 
P.  S.  52,  §  19. 
1882,  36. 
1888,  114. 
1894,  422. 

128  Mass.  318. 

129  Mass.  525. 

131  Mass.  441. 

132  Mass.  178, 
534. 

134  Mass.  374, 
484,  507. 
136  Mass.  136. 
145  Mass.  549. 
151  Mass.  212. 
153  Mass.  514. 
164  Mass.  393. 


Revised  Laws,  Chapter  51,  §  20. 

SECTION  20.  A  person  so  injured  shall,  within  ten  days  thereafter,  if 
such  defect  or  want  of  repair  is  caused  by  or  consists  in  part  of  snow  or 
ice,  or  both,  and  in  all  other  cases,  within  thirty  days  thereafter,  give  to 
the  county,  city,  town  or  person  by  law  obliged  to  keep  said  way,  cause- 
way or  bridge  in  repair,  notice  of  the  time,  place  and  cause  of  the  said 
injury  or  damage;  and  if  the  said  county,  city,  town  or  person  does  not 
pay  the  amount  thereof,  he  may  within  two  years  after  the  date  of  said 
injury  or  damage  recover  the  same  in  an  action  of  tort.  Such  notice  shall 
not  be  invalid  or  insufficient  solely  by  reason  of  any  inaccuracy  in  stating 
the  time,  place  or  cause  of  the  injury,  if  it  is  shown  that  there  was  no 
intention  to  mislead  and  that  the  party  entitled  to  notice  was  not  in  fact 
misled  thereby. 


Time. 

132  Mass.  299,  324. 

Place. 

128  Mass.  521. 

130  Mass.  115. 

131  Mass.  202. 

132  Mass.  187,  324. 
135  Mass.  110. 

133  Mass.  529. 


136  Mass.  136. 
139  Mass.  91. 

155  Mass.  595. 

156  Mass.  145. 
158  Mass.  279. 
Cause. 

135  Mass.  110. 
130  Mass.  161, 
275,  398,  494. 


131  Mass.  441. 
443,  516,  551. 

132  Mass.  187,  324,  441. 

135  Mass.  110. 
147  Mass.  402. 

136  Mass.  278,  419. 
140  Mass.  227,  424. 
142  Mass.  486. 

155  Mass.  344. 


168  Mass.  251,  556. 

177  Mass.  373. 

178  Mass.  195. 

188  Mass.  63. 

189  Mass.  254. 
191  Mass.  295. 
197  Mass.  178. 
1907,  204. 

See  1908,  SOS. 


Guards  upon 
bridges  and 
draws. 
1869,  306. 
1871,  381, 
§§  23,  24. 
P.  S.  113, 
§§  34,  35. 
R.  L.  112,  §46. 


SECTION  80.  If,  upon  the  trial  of  an  action  against  the  com- 
monwealth, a  city,  town,  railroad  corporation  or  bridge  corpora- 
tion, the  plaintiff  recovers  damages  for  an  injury  to  his  person 
or  property  which  was  caused  by  reason  of  a  defect  in  a  street, 
highway  or  bridge  which  is  occupied  by  the  tracks  of  a  street 
railway  company,  and  the  street  railway  company  is  liable  for 
such  damages  under  the  preceding  section,  and  has  had  reason- 
able notice  to  defend  the  action,  the  commonwealth,  city,  town, 
railroad  corporation  or  bridge  corporation  may  recover  the  dam- 
ages, and  all  the  costs  of  both  plaintiff  and  defendant  in  the 
action  from  the  street  railway  company. 

SECTION  81.  Every  street  railway  company  shall,  in  a  man- 
ner satisfactory  to  the  board  of  railroad  commissioners,  erect 
and  maintain  upon  every  bridge,  or  draw  of  a  bridge,  which  is 
crossed  by  its  tracks,  guards  or  railings,  to  prevent  its  cars  from 
running  off.  If,  for  sixty  days  after  service  upon  it  of  an  order 
of  the  board  of  railroad  commissioners  relative  to  such  guards 
or  railings,  it  neglects  to  comply  therewith,  it  shall,  for  each 
month  of  such  neglect  subsequent  to  said  sixty  days  forfeit  two 
hundred  dollars,  to  the  use  of  the  city  or  town. 


PART  III.  —  OF   STREET   RAILWAY  COMPANIES.  213 

SECTION  82.     If  a  street  railway  crosses  at  the  same  level  a  Cars  to  stop 
steam  railroad  where  locomotive  engines  are  in  daily  use,  every  crostlng* 
motorman  of  a  car  upon  the  street  railway  shall,   when  ap-  G85s!  63?'§5i42. 
proaching  the  point  of  intersection,  stop  his  car  within  one  hun-  }|^;  fff  ;  5  36- 
dred  feet  of  the  crossing.     For  each  violation  of  the  provisions 


of  this  section,  the  motorman  shall  forfeit  ten  dollars,  and  the  5§  £•?£    62 

company  which  employs  him  shall  forfeit  twenty  dollars,  pro-  Amended  by 

vided,  however,   that  the  board  of  railroad  commissioners  may, 

for  such  term  and  under  such  restrictions  as  it  may  from  time  to 

time  prescribe,  modify  or  suspend  the  requirements  of  this  section 

with  respect  to  any  such  crossing  by  a  street  railway  of  a  railroad 

built  for  private  use  under  the  provisions  of  section  two  hundred 

and  fifty-one  of  Part  II  of  this  act,  or  of  a  branch,  spur  or  siding 

of  a  railroad  built  or  used  only  for  the  transportation  of  freight 

to  the  premises  of  manufacturing  or  other  industrial  plants. 


Acts  of  1911,  Chapter  290. 

An  Act  relative  to  the  Operation  of  the  Cars  of  Street  Railway  Companies 
Across  the  Tracks  of  Railroad  Corporations. 

Section  eighty-two  of  Part  III  of  chapter  four  hundred  and  sixty-three  isoe,  463, 
of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  amended  * 82' 
adding  at  the  end  thereof  the  words:  —  provided,  however,  that  the  board 
of  railroad  commissioners  may,  for  such  term  and  under  such  restrictions 
as  it  may  from  time  to  time  prescribe,  modify  or  suspend  the  require- 
ments of  this  section  with  respect  to  any  such  crossing  by  a  street  rail- 
way of  a  railroad  built  for  private  use  under  the  provisions  of  section  two 
hundred  and  fifty-one  of  Part  II  of  this  act,  or  of  a  branch,  spur  or  siding 
of  a  railroad  built  or  used  only  for  the  transportation  of  freight  to  the 
premises  of  manufacturing  or  other  industrial  plants,  —  so  as  to  read  as 
follows:  —  Section  82.  [For  §  82  as  amended,  see  above.] 

Acts  of  1910,  Chapter  453. 

An  Act  relative  to  the  Liability  of  Street  Railway  Companies  for  the  Safety 

of  Passengers. 

No  street  railway  company  shall  by  rule  or  otherwise  require  passen-  Liability  of 
gers  whom  it  permits  to  ride  upon  the  platform  to  do  so  at  their  own 
risk,  and  no  such  passenger  shall  be  prevented  from  recovering  com- 
pensation in  damages  for  any  injury  by  reason  of  the  fact  that  he  is  so 
riding.     [Approved  April  27,  1910. 

SECTION  83.     The  board  of  aldermen  of  a  city  or  the  select-  Notice  of  ap- 
men  of  a  town  may,  subject  to  the  approval  of  the  board  of  1864?  229,°!  "22. 

1 R7 1     "?S1     &  9R 

railroad    commissioners,    establish    such    regulations,    requiring  p.  s.'  1 13'.  §35! 
the  motorman  or  conductor  to  give  notice  or  warning  of  the  R-I"  112>  §47' 
approach  of  street  cars,  as  shall  in  their  opinion  best  secure 
the  unobstructed  use  of  the  tracks  and  the  free  passage  of  the 
cars. 

SECTION  84.     Whoever   wilfully    obstructs    a    street    railway  obstruction 
company  in  the  legal  use  of  a  railway  track,  or  delays  the  ile^w.  §  22. 


214  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 

P87s'  113  1 37'  PassmS  °f  its  cars  thereon,  or  aids  or  abets  in  such  obstruction 
i9oi',  452.'  '  or  delay,  shall  be  punished  by  a  fine  of  not  more  than  five  hun- 
?  Alien  *  573. 48<  dred  dollars  or  by  imprisonment  for  not  more  than  three 

months. 

Penalty.  Whoever  commits  any  of  said  acts  in  such  manner  as  to  en- 

danger the  life  or  safety  of  persons  conveyed  in  or  upon  said 
cars,  or  aids  or  abets  therein,  shall  be  punished  by  imprisonment 
in  the  state  prison  for  not  more  than  ten  years,  or  by  a  fine  of 
not  more  than  one  thousand  dollars. 
Explosives  SECTION  85.     Whoever  without  right  throws  into,  against  or 

upon  tracks. 

1904,396  upon,  or  puts,  places  or  explodes  or  causes  to  be  exploded  in, 
upon  or  near  a  street  railway  or  street  railway  car,  gunpowder 
or  other  explosive,  or  a  bombshell,  torpedo  or  other  instrument 
filled  or  loaded  with  an  explosive,  with  intent  unlawfully  to 
destroy  or  injure  such  street  railway  or  street  railway  car,  or 
any  person  or  property  therein  or  thereon,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  ten  years 
or  in  jail  for  not  more  than  five  years,  or  by  a  fine  of  not  more 
than  five  hundred  dollars. 

Loitering  SECTION  86.     Whoever  without  right  loiters  or  remains  within 

witnin 

stations,  etc.  a  station  or  waiting-room  of  a  street  railway  company,  or  upon 
the  platform,  stairs,  grounds  or  other  property  owned  or  con- 
trolled by  a  street  railway  company,  adjacent  to  such  station  or 
waiting-room,  after  being  requested  to  leave  the  same  by  a 
special  or  other  police  officer,  shall  forfeit  not  less  than  two  nor 
more  than  twenty  dollars. 

°ndudcetrin  SECTION  87.     Whoever,   in  or  upon  a  street  railway  car,  is 

public  con-  disorderly,  or  disturbs  or  annoys  travellers  in  or  upon  the 
i883?io2.  same  by  profane,  obscene  or  indecent  language,  or  by  inde- 

R  L.  212,  §  35.  i     i_        •  11      i  •  l_    J     U         •  •  / 

cent    behavior,    shall    be    punished    by    imprisonment   for   not 
more   than  thirty  days  or  by  a  fine  of  not  more   than   fifty 
dollars. 
obstruction  SECTION  88.     If  a  street  railway  company,  its  agent  or  ser- 

of  streets  or  ...  .  .  ,    *  i  •    i 

highways  by      vant,    willully   or   negligently   obstructs   a    street,    highway   or 

companies.  i     •  r  i  •     j  ,  i  e  •  -i 

1864, 229,  §  23.  bridge,  or  hinders  the  passing  ot   carnages  over  the  same,  or 

P87s.'  113',  I  Is!  wilfully  detains  the  cars  of  another   company  which  has  the 

R.  L.  112,  §  49.  jawfui  r}ght  to  pass  thereon,  such  company  shall  be  punished 

by  a  fine  of  not  more  than  five  hundred  dollars;  and  any  such 

agent  or  servant  shall   be    punished   by   a  fine   of  not    more 

than  ten  dollars  or  by  imprisonment  for  not  more  than  three 

months. 

drenSu3yonhiI~         SECTION  89.     If  a  street  railway  company,  its  agents  or  ser- 

1889  229          vant,  allows  a  child  under  the  age  of  ten  years  to  enter  upon  or 

R.  L'.  112,  §50.  into  any  of  its  cars  for  the  purpose  of  selling  newspapers  or 

other  articles  therein  or  offering  them  for  sale,  it  shall  forfeit 

fifty  dollars  for  each  offence,  which  shall  be  recovered  by  any 

person  by  an  action  brought  within  three  months  after  the 

offence  has  been  committed. 

wheefruards  SECTION  90.  A  street  railway  company  shall  equip  its  cars, 
brakes  and  '  when  in  use,  with  such  headlights,  fenders,  wheel  guards,  brakes, 

emergency 
tools. 


PART   III.  —  OF  STREET  RAILWAY  COMPANIES. 


215 


[and]  emergency  tools  and  other  safety  devices  as  may  be  re-  }||^^|- 
quired  bv  the  board  of  railroad  commissioners,  and  said  board  1395;  378,  §1. 

Vr.       .,  •  R.L.I  12,  §52. 

may  modify  its  requirements.*  IQOS,  134. 

Amended  by  1911,  345;  1913,  357.  See  1913,  598,  below. 

Acts  of  1911,  Chapter  345. 

An  Act  relative  to  the  Use  of  Headlights  on  the  Cars  of  Street  Railway 

Companies. 

SECTION  1.    Section  ninety  of  Part  III  of  chapter  four  hundred  and  p^f'/i^'sso 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended'. 
.amended  by  inserting  before  the  word  "fenders",  in  the  second  line,  the 
word :  —  headlights,  —  so  as  to  read  as  follows :  —  Section  90.     A  street 
railway  company  shall  equip  its  cars,  when  in  use,  with  such  headlights, 
fenders,  wheel  guards,  brakes  and  emergency  tools  as  may  be  required  by 
the  board  of  railroad  commissioners,  and  said  board  may  modify  its  re- 
quirements. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  27,  1911. 

Acts  of  1913,  Chapter  357. 

An  Act  relative  to  the  Use  of  Safety  Devices  on  the  Cars  of  Street  Railway 

Companies. 

SECTION  1.    Section  ninety  of  Part  III  of  chapter  four  hundred  and  j^^t'nT'f, 90 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  as  amended  amended'. 
by  chapter  three  hundred  and  forty-five  of  the  acts  of  the  year  nineteen 

*  The  regulations  for  the  equipment  of  street  railway  cars  with  fenders  and  wheel  guards 
established  by  the  Board  under  the  provisions  of  1895,  378  [now  §  90,  Part  III,  Chap.  463,  of  Acts 
of  1906]:  — 

1.  All  cars  run  by  a  street  railway  company  on  a  highway,  town  way  or  travelled  place  (ex- 
cepting cars  run  by  horse  power,  cars  run  only  as  trailing  cars,  and,  until  the  further  order  of 
the  Board,  cars  run  wholly  within  the  limits  of  towns  whose  population  is  less  than  7,500  each) 
shall  be  equipped  with  fenders  and  wheel  guards  in  accordance  with  one  of  the  two  following 
methods:  Either  (1 )  with  a  fender  at  the  front  of  the  car  (going  in  either  direction),  and  also  with 
wheel  guards  underneath  the  car;  or  (2)  with  a  fender  at  the  front  of  the  car  of  such  design  as  to 
serve  also  as  a  wheel  guard. 

In  the  first  case  (1)  the  fender  shall  consist  of  a  platform,  netting,  or  other  similar  device, 
constructed  and  arranged  so  as  with  reasonable  certainty  to  pick  up  a  person  who  is  run  into 
while  standing,  but  to  pass  over  a  person  who  is  lying  on  the  ground,  without  probable  injury  to 
the  person  in  either  contingency;  and  the  wheel  guards  shall  be  of  such  construction  and  arrange- 
ment or  method  of  operation  as  to  prevent,  so  far  as  practicable,  a  person  who  has  fallen  or  been 
thrown  down  from  being  run  over  by  the  wheels. 

In  the  second  case  (2)  the  fender  shall  be  of  such  construction,  arrangement  and  method  of 
operation  as  not  only  to  pick  up  as  aforesaid  a  person  who  is  run  into  while  standing,  but  also 
to  prevent  so  far  as  practicable  a  person  who  has  fallen  or  been  thrown  down  from  getting  under 
the  car  and  being  run  over  by  the  wheels.  This  form  of  fender  shall  accordingly  include  a  device 
by  which,  in  case  of  emergency,  it  can  be  lowered  by  the  motorman,  and  when  lowered  held  down 
close  to  the  ground. 

2.  These  regulations  shall  take  effect  on  the  fourteenth  day  of  November,  1895;   and  may  be 
modified  from  time  to  time,  in  general  or  in  particular,  as  experience  and  the  public  safety  may 
seem  to  the  Board  to  require. 

Under  date  of  September  15,  1910,  the  Board,  under  the  provisions  of  chapter  463,  Acts  of 
1906,  Part  III,  §  90,  issued  the  following  regulations  and  requirements  for  street  railway  fenders 
and  wheelguards:  — 

1.  All  cars  operated  on  surface  lines  by  street  railway  companies  (excepting  cars  run  only  as 
trailing  cars)  shall  be  equipped  with  fenders;    and  all  cars  operated  on  surface  lines  shall  be 
equipped  with  wheelguards. 

2.  In  the  opinion  of  the  Board  the  rigid  part  of  all  fenders  shall  be,  as  near  as  practicable, 
twelve  inches  above  the  rail;    and  the  height  of  wheelguards  should  be,  as  near  as  practicable, 
four  inches  above  the  rail. 

3.  Each  street  railway  company  shall  submit  to  the  Board,  on  or  before  December  1,  1910,  a 
blue-print,  sketch  or  photograph  showing  the  types  of  such  fenders  and  wheelguards,  attached 
to  a  car,  as  it  desires  to  use,  together  with  the  height  of  same  above  the  rails,  and  accompanied 
by  a  petition  requesting  the  approval  of  the  same  by  the  Board. 

Under  date  of  June  10,  1913,  recommendations  of  the  Board  relative  to  sanding  devices  and 
hand  brakes  on  street  railway  cars  were  made  as  follows:  — 

1.  That  all  cars  operated  in  this  commonwealth  be  equipped  with  such  devices  for  distribut- 
ing sand  on  the  rails  as  may  be  approved  by  the  Board,  and  that  each  device  be  kept  supplied 
with  sand  and  maintained  in  good  working  condition  at  all  times. 

2.  That  all  cars  operated  in  this  commonwealth  be  equipped  with  hand  brakes  to  be  main- 
tained in  good  working  condition  at  all  times,  and  that  upon  leaving  the  car  houses  on  the  first 
trip  each  day  the  hand  brakes  be  tested  a  sufficient  number  of  times  to  insure  their  efficiency  in 
properly  controlling  and  stopping  the  car. 


216 


PART  III.  —  OF   STREET   RAILWAY   COMPANIES. 


hundred  and  eleven,  is  hereby  further  amended  by  striking  out  the  word 
"and",  in  the  third  line,  and  by  inserting  after  the  word  "tools",  in  the 
same  line,  the  words:  —  and  other  safety  devices,  —  so  as  to  read  as  fol- 
lows :  —  Section  90.  A  street  railway  company  shall  equip  its  cars,  when 
in  use,  with  such  headlights,  fenders, .  wheel  guards,  brakes,  emergency 
tools  and  other  safety  devices  as  may  be  required  by  the  board  of  railroad 
commissioners,  and  said  board  may  modify  its  requirements. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  26, 1913. 

Acts  of  1913,  Chapter  598. 

An  Act  to  require  Street  Railway  Companies  to  equip  their  Cars  with 
Lifting  Jacks  and  Other  Apparatus. 

See  §90,  above.  SECTION  1.  All  street  railway  cars  operated  in  this  commonwealth, 
whether  used  for  the  carriage  of  passengers  or  for  other  purposes,  shall  be 
equipped  with  an  emergency  lifting  jack  and  with  such  other  emergency 
tools  as  may  be  approved  by  the  railroad  commissioners. 

SECTION  2.  Any  company,  its  officers  or  employees,  operating  a  street 
railway  car  in  the  use  of  which  this  act  is  violated,  shall  be  punished  by 
a  fine  of  not  less  than  fifty  nor  more  than  one  hundred  dollars. 

SECTION  3.  This  act  shall  take  effect  on  the  first  day  of  July  in  the 
year  nineteen  hundred  and  fourteen.  [Approved  May  2,  1913* 


Heating  of 

cars. 

1895,  136. 

R.  L.  112,  §  53. 


Enclosed  plat- 
forms. 
1897,  452, 
§§1.2. 
1900,  414, 
§§1,3. 
R.  L.  112, 
§§  56,  58. 
See  1911,  ISO. 


SECTION  91.  The  board  of  railroad  commissioners  shall  re- 
quire every  street  railway  company  to  heat  its  cars,  when  in  use 
for  the  transportation  of  passengers,  at  such  times  by  such 
means,  and  to  such  extent,  as  said  board  shall  determine,  and 
the  company  shall  forfeit  twenty-five  dollars  for  each  trip  run 
by  any  of  its  cars  not  so  heated,  unless  in  case  of  accident  to 
the  heating  process  or  apparatus,  or  other  unavoidable  accident. 
The  district  police  shall  cause  the  provisions  of  this  section  to 
be  enforced.f 

SECTION  92.  Every  street  car  in  use  for  the  transportation 
of  passengers  in  December,  January,  February  and  March, 
which,  while  in  motion,  requires  the  constant  care  or  service  of 
an  employee  upon  its  platforms  or  upon  one  of  them,  shall, 

*  Under  date  of  December  27,  1911,  the  following  order  and  recommendations  of  the  Board  in 
relation  to  the  use  of  lifting  jacks  and  other  emergency  tools  upon  street  railways  in  this  common- 
wealth were  issued:  —  Ordered,  That  at  least  fifty  per  cent  of  all  box  cars  and  fifty  per  cent  of 
all  open  cars  operated  by  each  street  railway  company  for  the  transportation  of  passengers  in 
Massachusetts  shall  be  equipped  with  a  lifting  jack  of  at  least  fifteen  tons  capacity,  and  the 
assignment  of  such  cars  shall  be  so  made  that  each  line  shall  have  as  nearly  as  practicable  a 
proper  distribution  thereof. 

The  Board  recommends  that  the  trucks  of  all  double  truck  street  railway  cars  operated  in 
this  state  be  so  attached  that  both  car  body  and  truck  may  be  raised  at  the  same  time  without 
necessitating  the  use  of  chains,  ropes  or  a  large  quantity  of  blocking.  This  may  be  successfully 
accomplished  on  cars  having  a  king  bolt  (or  centre  pin)  by  inserting  in  the  king  bolt  a  key  (or 
cotter  pin)  of  sufficient  strength  to  raise  the  trucks. 

The  Board  further  recommends  that  all  conductors  and  motormen  receive  instructions  with 
reference  to  the  proper  and  safe  use  of  lifting  jacks. 

July  1,  1912,  is  hereby  fixed  as  the  time  when  the  foregoing  order  and  recommendations  shall 
become  effective. 

t  The  requirements  of  the  Board  in  respect  to  the  heating  of  cars  by  street  railway  companies, 
made  under  the  provisions  of  section  91,  part  three,  chapter  463,  Acts  of  1906,  read  as  follows: 

1.  All  box  cars  used  by  street  railway  companies  for  the  transportation  of  passengers  between 
the  fifteenth  day  of  October  and  the  fifteenth  day  of  April  in  each  year  shall  be  equipped  with 
suitable  apparatus  for  heating  by  electricity,  unless  other  than  electric  heaters  are  specially 
authorized  by  the  board. 

2.  Every  street  railway  company  shall,  during  the  period  above  named,  whenever  the  outside 
temperature  is  less  than  forty  degrees  above  zero  (Fahrenheit)  maintain,  in  all  box  cars  in  use 
for  transporting  passengers,  an  inside  temperature,  as  nearly  as  may  be,  of  no  less  than  forty 
nor  more  than  sixty  degrees  above  zero,  except  at  times  when  the  company  is  temporarily  pre- 
vented from  so  doing  by  storm,  accident  or  other  controlling  emergency  for  which  it  is  not  re- 
sponsible and  which  is  not  due  to  any  negligence  upon  its  part. 


PART  III.  —  OF   STREET   RAILWAY   COMPANIES.  217 

except  as  provided  in  the  following  section,  have  said  platforms 
or  platform  enclosed  in  such  manner  as  to  protect  the  motor- 
men,  conductors  or  other  employees  who  operate  such  car  from 
exposure  to  wind  and  weather  in  such  manner  as  the  board  of 
railroad  commissioners  shall  approve. 

SECTION  93.     All  decisions  heretofore  rendered  by  the  board  ESS  of"r£a- 
of  railroad  commissioners  under  the  provisions  of  chapter  four  g°0a1fer°mmis~ 
hundred  and  fifty-two  of  the  acts  of  the  year  eighteen  hundred  1897,452. 
and  ninety-seven  and  of  chapter  four  hundred  and  fourteen  of  R.  L!  112'.  §  57. 
the  acts  of  the  year  nineteen  hundred  shall  have  the  same  force 
and  effect  as  they  had  on  and  after  the  first  day  of  December 
in  the  year  nineteen  hundred  and  two,  but  they  shall  be  subject 
to  revision  by  said  board. 

SECTION  94.     A  street  railway  company  which  fails  or  neg-  Penalty. 
lects  to  comply  with  the  provisions  of  either  of  the  two  preced-  lioo,'  414.' 5  3' 
ing  sections  shall  be  punished  by  a  fine  of  not  more  than  one  R  L.5ii2.  $  59. 
hundred  dollars  for  each  day  during  which  such  neglect  con- 
tinues. 

[SECTION  95.     A  day's  work  for  all  conductors  and  motormen  Day's  work  of 
who  are  employed  by  or  on  behalf  of  a  street  railway  company  i893,°3868' 
shall  not  exceed  ten  hours,  and  shall  be  so  arranged  by  the  em-  R89£;  loe',  1 22. 
ployer  that  it   may  be   performed   within   twelve   consecutive  fflefl°5s/z' 
hours.     No  officer  or  agent  of  any  such  company  shall  require 
from  said  employees  more  than  ten  hours'  work  for  a  day's 
labor;  but  on  legal  holidays,  on  days  when  the  company  is  re- 
quired to  provide  for  extraordinary  travel,  and,  in  case  of  acci- 
dent or  unavoidable  delay,  extra  labor  may  be  performed  for 
extra  compensation.] 

Acts  of  1912,  Chapter  533. 

An  Act  relative  to  the  Hours  of  Labor  of  Employees  of  Street  Railway 

Companies. 

SECTION  1.    Section  ninety-five  of  Part  III  of  chapter  four  hundred  p906'Tjf3t5 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  hereby  repealed!       ' 
repealed  and  the  work  of  all  conductors,  motormen  and  trainmen  who  are 
employed  by  or  on  behalf  of  a  street  railway  or  elevated  railway  com- 
pany shall  be  arranged  as  provided  in  this  act. 

[SECTION  2.  A  day's  work  for  all  conductors,  motormen  and  train-  Superseded. 
men  shall  be  arranged  by  the  employer  upon  the  basis  of  nine  hours'  plat-"  feiow918' 8S3' 
form  work:  provided,  however,  that  if  in  any  case  the  schedule  cannot  be 
so  arranged  as  to  furnish  a  day's  work  of  approximately  nine  hours  and 
it  is  possible  to  provide  one  not  exceeding  nine  and  one  half  hours,  the 
schedule  may  be  so  arranged,  the  platform  time  above  the  nine  hours  to 
be  paid  for  as  an  addition  to  the  nine  hours'  work.  The  day's  work  of 
men  employed  on  regular  cars  shall  be  arranged  to  be  performed  within 
twelve  consecutive  hours.  The  work  of  any  extra  man  who  is  regularly 
employed  may,  with  his  consent,  be  arranged  in  early  and  late  halves  or 
portions,  but  there  shall  be  an  interval  of  not  less  than  eight  hours  be- 
tween the  close  of  the  work  of  one  day  for  such  extra  men  and  the  begin- 
ning of  the  work  of  the  next  day,  within  which  they  shall  not  be  required 
to  perform  any  work  except  in  cases  of  emergency.  Nothing  herein  con- 
tained shall  be  held  to  prohibit  spare  men  from  performing,  as  substi- 
tutes in  case  of  emergency,  the  work  of  employees  unexpectedly  absent. 


218  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 

SECTION  3.  No  officer  or  agent  of  any  such  company  shall  require 
from  said  employees  more  than  nine  hours'  platform  work  for  .a  day's 
labor  except  as  is  herein  expressly  provided.  Threat  of  loss  of  employ- 
ment or  threat  to  obstruct  or  prevent  the  obtaining  of  employment  by 
the  employees,  or  threat  to  refrain  from  employing  any  employee  in  the 
future  shall  be  considered  coercion  and  "requiring"  within  the  meaning 
of  this  section.  On  legal  holidays  and  on  Sundays  and  in  case  of  unavoid- 
able delay  or  other  emergency,  or  at  any  time  at  the  request  of  the  em- 
ployee, extra  labor  may  be  performed  for  extra  compensation.  A  com- 
pany which  violates  the  provisions  of  this  act  shall  forfeit  for  each  offence 
not  less  than  one  hundred  nor  more  than  five  hundred  dollars.] 

SECTION  4.  This  act  shall  not  affect  any  written  contract  existing  at 
the  date  of  its  passage. 

SECTION  5.  This  act  shall  take  effect  on  the  first  day  of  January, 
nineteen  hundred  and  thirteen.  [Approved  April  25,  1912. 

Acts  of  1913,  Chapter  833. 

An  Act  relative  to  the  Hours  of  Labor  of  Employees  of  Street  Railway 

Companies. 

ame2nd5«f'  SECTION  1.    Chapter  five  hundred  and  thirty-three  of  the  acts  of  the 

year  nineteen  hundred  and  twelve  is  hereby  amended  by  striking  out 
sections  two  and  three  and  inserting  in  place  thereof  the  following:  — 
Section  2.  A  day's  work  for  all  conductors,  guards,  drivers,  motormen, 
brakemen  and  gatemen  who  are  employed  by  or  on  behalf  of  a  street 
railway  or  elevated  railway  company  shall  not  exceed  nine  hours,  and 
shall  be  so  arranged  by  the  employer  that  it  shall  be  performed  within 
eleven  consecutive  hours.  No  officer  or  agent  of  any  such  company  shall 
require  from  said  employees  more  than  nine  hours'  work  for  a  day's  labor. 
Threat  of  loss  of  employment  or  threat  to  obstruct  or  prevent  the  obtain- 
ing of  employment  by  the  employees,  or  threat  to  refrain  from  employing 
any  employee  in  the  future  shall  be  considered  coercion  and  "requir- 
ing", within  the  meaning  of  this  section.  But  nothing  herein  shall  pre- 
vent an  employee  of  the  character  mentioned  in  this  act,  if  he  so  desires, 
from  working  more  hours  than  those  prescribed  in  the  act  for  extra  com- 
pensation. 

SECTION  2.  A  company  which  violates  any  provision  of  this  act  shall 
forfeit  for  each  offence  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars. 

SECTION  3.  This  act  shall  not  affect  any  written  contract  existing  at 
the  date  of  its  passage. 

(This  bill,  returned  by  the  governor  to  the  house  of  representatives,  the 
branch  in  which  it  originated,  with  his  objections  thereto,  was  passed  by  the 
house  of  representatives  June  18,  and,  in  concurrence,  by  the  senate  June  20, 
the  objections  of  the  governor  notwithstanding,  in  the  manner  prescribed  by 
the  constitution;  and  thereby  has  the  "force  of  a  law".) 

FARES   AND   ACCOMMODATIONS. 

aroomnwda-          SECTION  96.     Every    street    railway    company    shall    furnish 
1864,'  229',  §  26.  reasonable  accommodations  for  the  conveyance  of  passengers, 
iln'  Is!'  §  33  an(^  ^or  everv  wilful  neglect  to  provide  such  accommodations 
P- s.' 113,  §  43.  shall  forfeit  not  less  than  five  nor  more  than  twenty  dollars; 
totitW*.         and  may  establish  the  rates  of  fare  for  all  passengers  and  prop- 
erty conveyed  or  transported  in  its  cars,  subject,  however,  to 
the  limitations  named  in  its  charter  or  hereinafter  set  forth. 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


219 


SECTION  97.     If,  in  the  opinion  of  the  board  of  railroad  com-  Additional 
missioners,  additional  accommodations  for  the  travelling  public  tfo°nsmm 
are  required  upon  any  street  railway,  it  may,  after  due  notice  R9L;  ill;  §  70. 
to  the  company  and  a  hearing,  make  an  order  requiring  such  ^mf.'Z' 
additional  accommodations  as  it  determines  are  just,  and  may  bdow- 
alter,  renew  or  revoke  the  order.     A  street  railway  company 
which,  for  more  than  one  week  after  receiving  notice  in  writing 
of  such  order,  neglects  to  comply  therewith,  shall  forfeit  to  the 
use  of  the  city  or  town  for  which  such  additional  accommoda- 
tions are  ordered,  or  if  they  are  ordered  for  more  than  one  city 
or  town,  to  the  use  equally  of  such  cities  or  towns,  one  hundred 
dollars  for  each  day  thereafter  during  which  such  neglect  con- 
tinues. 

Acts  of  1911,  Chapter  462. 

An  Act  relative  to  Accommodations  to  be  provided  by  Street  Railway 

Companies. 

The  word  "accommodations"  in  section  ninety-seven  of  Part  III  of 
chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hun- 
dred and  six  shall  be  deemed  to  include  waiting  rooms,  stations,  water 
closets  and  other  sanitary  conveniences.  [Approved  May  18,  191  L 

SECTION  98.     A  street   railway  company  may  provide  cars  special  service 
for  special  service,  and  may  make  special  rates  therefor;  and  i898,e578,  §  is. 
may  make  special  rates  for  working  men  and  working  women  Jg/j^aw.'  Isl!' 
on  week  days  between  the  hours  of  five  and  seven  in  the  morn-  fj81913>  784> 
ing  and  five  and  seven  in  the  evening,  and  for  children  attend- 
ing school.     Such  company  shall  not  give  free  tickets  or  passes  Passes. 
to  any  state,  county  or  municipal  official,  or  to  any  person  in 
the  employ  of  the  commonwealth  or  of  any  county,  city  or 
town,  except  policemen,  firemen  and  letter  carriers,  in  uniform; 
but  it  may  give  them  to  a  director  of  the  company  or  to  any 
person  who  is  connected  with  it  in  any  executive  capacity.     A 
company  which  violates  any  of  the  provisions  of  this"  section 
shall  forfeit  for  each  offence  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars.* 

[SECTION  99.     The  rates  of  fare  charged  by  a  street  railway  Special  rates 
company  for  the  transportation  of  pupils  of  the  public  or  pri-  p^Kchoois. 
vote   schools    between   a   given   point,   from  or  to  which  it  is  n°i'.  112',  §  72. 
necessary  for  them  to  ride  in  travelling  to  or  from  the  school- 
houses  in  which  they  attend  school  and  their  homes,  whether 


such  schoolhouses  are  located  in  the  city  or  town  in  which  the  Repeated, 
pupils  reside  or  in  another  city  or  town,  shall  not  exceed  one  1010,  ser. 
half  the  regular  fare  charged  by  such  street  railway  company  S 

*  The  law  providing  for  eight  cent  commutation  checks  in  the  city  of  Boston  was  section  47 
of  chapter  113  of  the  public  statutes.  In  the  report  to  the  general  court  of  the  commissioners  for 
consolidating  the  public  statutes,  made  in  1901,  as  a  note  to  chapter  112  (now  mostly  included 
in  part  III,  chapter  463,  Acts  of  1906)  appears  this  statement: 

"Sections  46  and  47  of  pub.  stats,  c.  113,  have  been  omitted  as  being  special.  If  it  is  thought 
necessary  to  preserve  them,  they  may  be  excepted  from  the  repeal  of  the  public  statutes  or  re- 
enacted  as  special  laws." 

In  the  table  of  dispositions  of  the  revised  laws,  the  statement  is  made  that  sections  46  and  47, 
of  public  statutes,  chapter  113,  have  been  omitted  as  special,  and  chapter  227  of  the  revised  laws 
which  treats  of  the  express  repeal  of  certain  acts  and  resolves,  repeals  the  entire  body  of  the 
public  statutes. 


220 


PART   III.  —  OF  STBEET   RAILWAY   COMPANIES. 


for  the  transportation  of  other  passengers  between  said  points, 
and  tickets  for  the  transportation  of  pupils  as  aforesaid,  good 
during  the  days  when  said  schools  are  in  session,  shall  be  sold 
by  said  company  in  lots  of  ten  each.  A  railway  company 
which  violates  the  provisions  of  this  section  shall  forfeit  twenty- 
five  dollars  for  each  offence.l 


Boston  Ele- 
vated Railway 
Company, 
exemption. 


Acts  of  1900,  Chapter  197,  §  4. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage,  but  for  the 
term  of  twenty-five  years  from  the  tenth  day  of  June  in  the  year  eighteen 
hundred  and  ninety-seven  it  shall  not  apply  to  the  Boston  Elevated  Rail- 
way Company  or  to  any  railways  now  owned,  leased  or  operated  by  it. 


Transporta- 
tion of  pupils. 

Amended. 
1910,  567. 
See  1912,  666, 


Acts  of  1908,  Chapter  530. 

An  Act  relative  to  the  Transportation,  by  Street  and  Elevated  Railway 
Companies,  of  Pupils  of  the  Public  Day  and  Public  Evening  Schools 
and  Private  Schools. 

SECTION  1.  The  rates  of  fare  charged  by  street  or  elevated  railway 
companies  for  the  transportation  of  pupils  of  the  public  day  schools  or 
public  evening  schools  or  industrial  day  or  evening  schools  organized  under 
the  provisions  of  chapter  five  hundred  and  five  of  the  acts  of  the  year  nineteen 
hundred  and  six  and  acts  in  amendment  thereof,  or  private  schools  between 
a  given  point,  from  or  to  which  it  is  necessary  for  them  to  ride  in  travel- 
ling to  or  from  the  schoolhouses  in  which  they  attend  school  and  their 
homes,  whether  such  schoolhouses  are  located  in  the  city  or  town  in  which 
the  pupils  reside  or  in  another  city  or  town,  shall  not  exceed  one  half  the 
regular  fare  charged  by  such  street  or  elevated  railway  company  for  the 
transportation  of  other  passengers  between  said  points,  and  tickets  for 
the  transportation  of  pupils  as  aforesaid,  good  during  the  days  or  evenings 
on  which  said  schools  are  in  session,  shall  be  sold  by  said  companies  in 
lots  of  ten  each.  A  railway  company  which  violates  the  provisions  of 
this  section  shall  forfeit  twenty-five  dollars  for  each  offence. 

SECTION  2.  Section  ninety-nine  of  Part  III  of  chapter  four  hundred 
and  sixty-three,  and  chapter  four  hundred  and  seventy-nine,  of  the  acts 
of  the  year  nineteen  hundred  and  six  are  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  19,  1908. 

Acts  of  1910,  Chapter  567. 

An  Act  relative  to  the  Transportation  by  Street  and  Elevated  Railway 
Companies  of  Pupils  of  Industrial  Schools. 

Section  one  of  chapter  five  hundred  and  thirty  of  the  acts  of  the  year 
nineteen  hundred  and  eight  is  hereby  amended  by  inserting  after  the 
word  "or",  where  it  last  occurs  in  the  third  line,  the  words:  —  industrial 
day  or  evening  schools  organized  under  the  provisions  of  chapter  five 
hundred  and  five  of  the  acts  of  the  year  nineteen  hundred  and  six  and 

Transportation  acts  in  amendment  thereof  or,  —  so  as  to  read  as  follows:  —  Section  1. 

certam'schoois.  The  rates  of  fare  charged  by  street- or  elevated  railway  companies  for  the 
transportation  of  pupils  of  the  public  day  schools  or  public  evening  schools 
or  industrial  day  or  evening  schools  organized  under  the  provisions  of 
chapter  five  hundred  and  five  of  the  acts  of  the  year  nineteen  hundred 
and  six  and  acts  in  amendment  thereof,  or  private  schools  between  a 
given  point,  from  or  to  which  it  is  necessary  for  them  to  ride  in  travelling 
to  or  from  the  schoolhouses  in  which  they  attend  school  and  their  homes, 


1906,  463, 
Part  III,  §  99, 
and  1906,  479, 
repealed. 


1908,  530. 
amended. 
See  1912, 
566,  §  6. 


PART  III.  —  OF  STREET   RAILWAY   COMPANIES.  221 

whether  such  schoolhouses  are  located  in  the  city  or  town  in  which 
the  pupils  reside  or  in  another  city  or  town,  shall  not  exceed  one  half  the 
regular  fare  charged  by  such  street  or  elevated  railway  company  for  the 
transportation  of  other  passengers  between  said  points,  and  tickets  for 
the  transportation  of  pupils  as  aforesaid,  good  during  the  days  or  evenings 
on  which  said  schools  are  in  session,  shall  be  sold  by  said  companies  in 
lots  of  ten  each.  A  railway  company  which  violates  the  provisions  of 
this  section  shall  forfeit  twenty-five  dollars  for  each  offence.  [Approved 
May  26,  1910. 

Acts  of  1911,  Chapter  537. 

An  Act  to  provide  that  Towns  whose  Valuation  is  Less  than  One  Million 
Dollars  shall  be  reimbursed  for  Certain  High  School  Expenses. 

Section  three  of  chapter  forty-two  of  the  Revised  Laws,  as  amended  by  R.  L.  42,  §  3, 
chapter  four  hundred  and  thirty-three  of  the  acts  of  the  year  nineteen 
hundred  and  two,  is  hereby  further  amended  by  striking  out  the  words 
"seven  hundred  and  fifty  thousand",  in  the  twenty-second  line,  and  also 
in  the  twenty-fifth  line,  and  inserting  in  place  thereof,  in  each  case,  the 
words:  —  one  million,  —  so  as  to  read  as  follows:  —  Section  8.  A  town  Tuition  of 
of  less  than  five  hundred  families  or  householders  in  which  a  public  high  townsTaving 
school  or  a  public  school  of  corresponding  grade  is  not  maintained  shall  no  high 
pay  for  the  tuition  of  any  child  who  resides  in  said  town  and  who,  with  the  8° 
previous  approval  of  the  school  committee  of  his  town,  attends  the  high 
school  of  another  town  or  city.  If  such  town  neglects  or  refuses  to  pay  for 
such  tuition,  it  shall  be  liable  therefor  to  the  parent  or  guardian  of  a  child 
who  has  been  furnished  with  such  tuition  if  the  parent  or  guardian  has 
paid  for  the  same,  and  otherwise  to  the  city  or  town  furnishing  the  same, 
in  an  action  of  contract.  If  the  school  committee  of  a  town  in  which  a 
public  high  school  or  public  school  of  corresponding  grade  is  not  maintained 
refuses,  upon  the  completion  by  a  pupil  resident  therein  of  the  course  of 
study  provided  by  it,  to  approve  his  attendance  in  the  high  school  of  some 
other  city  or  town  which  he,  in  the  opinion  of  the  superintendent  of  schools 
of  the  town  in  which  he  is  resident  is  qualified  to  enter,  the  town  shall  be 
liable  in  an  action  of  contract  for  his  tuition.  A  town  whose  valuation 
is  less  than  one  million  dollars  shall  be  entitled  to  receive  from  the  treasury 
of  the  commonwealth  all  necessary  amounts,  and  a  town  whose  valuation 
exceeds  one  million  dollars,  but  whose  number  of  families  is  less  than  five 
hundred,  shall  be  entitled  to  receive  from  the  treasury  of  the  common- 
wealth half  of  all  necessary  amounts  which  have  actually  been  expended 
for  high  school  tuition  under  the  provisions  of  this  section :  provided,  that  Proviso, 
such  expenditure  shall  be  certified  under  oath  to  the  board  of  education 
by  its  school  committee  within  thirty  days  after  the  date  of  such  expendi- 
ture; but,  if  a  town  of  less  than  five  hundred  families  maintains  a  high 
school  of  its  own  of  the  character  described  in  section  two  of  this  chapter 
and  employs  at  least  two  teachers  therein,  it  shall  be  entitled  to  receive 
annually  from  the  treasury  of  the  commonwealth  toward  the  support  of 
such  high  school  the  sum  of  three  hundred  dollars.  No  town  the  valuation 
of  which  averages  a  larger  sum  for  each  pupil  in  the  average  membership 
of  its  public  schools  than  the  corresponding  average  for  the  commonwealth 
shall  receive  money  from  the  commonwealth  under  the  provisions  of  this 
section;  and  no  expenditure  shall  be  made  by  the  commonwealth  on  Amended. 
account  of  high  school  instruction  under  the  provisions  of  this  section  Hi^,396 
unless  the  high  school  in  which  such  instruction  is  furnished  has  been 
approved  by  the  board  of  education.  [Approved  June  9,  1911. 


222  PART  III.  —  OF   STREET   RAILWAY   COMPANIES. 


Acts  of  1913,  Chapter  396. 

An  Act  providing  for  the  Payment  by  Towns  for  the  Transportation  of 
Pupils  to  Outside  High  Schools. 

R-L.  4|,§3  SECTION  1.  Section  three  of  chapter  forty-two  of  the  Revised  Laws, 
19  n,  537',  an  as  amended  by  chapter  four  hundred  and  thirty-three  of  the  acts  of  the 
year  nineteen  hundred  and  two,  and  by  chapter  five  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  eleven,  is  further 
amended  by  adding  at  the  end  thereof  the  following  paragraph  :  —  A  town 
of  less  than  five  hundred  families  or  householders,  in  which  a  public  high 
school  or  public  school  of  corresponding  grade  is  not  maintained,  shall, 
through  its  school  committee,  when  necessary,  provide  for  the  transporta- 
tion of  any  child  who  resides  in  said  town  and  who,  with  the  previous 
approval  of  the  school  committee  of  the  town,  attends  the  high  school  of 
any  other  town  or  city,  and  shall  pay  for  the  expense  of  such  transportation 
a  sum  not  exceeding  one  dollar  and  fifty  cents  per  week  during  the  time 
of  actual  attendance  of  such  child  in  the  high  school.  If  any  town  fails 
to  provide  such  transportation,  it  shall  be  liable  in  an  action  of  contract, 
to  the  parent  or  guardian  of  a  child  who  has  been  furnished  with  such 
transportation  for  such  amounts,  not  exceeding  one  dollar  and  fifty  cents 
per  week,  as  the  parent  or  guardian  has  paid  for  the  same.  A  town  which 
has  expended  for  the.  support  of  its  public  schools  for  the  preceding  year 
from  the  proceeds  of  local  taxation  an  amount  not  less  than  four  and  less 
than  five  dollars  per  thousand  dollars  of  valuation  shall  receive  from  the 
treasury  of  the  commonwealth  one  half  of  the  amount  actually  expended 
for  transportation  under  the  provisions  of  this  act;  and  a  town  which  has 
expended  from  the  proceeds  of  local  taxation  for  the  support  of  its  public 
schools  for  the  preceding  year  an  amount  equal  to  at  least  five  dollars  per 
thousand  of  valuation  shall  receive  from  the  treasury  of  the  commonwealth 
the  whole  transportation  under  the  provisions  of  this  act. 

SECTION  2.    This  act  shall  take  effect  upon  the  first  day  of  July  in 
the  year  nineteen  hundred  and  thirteen.     [Approved  March  28,  1913. 


Revised  Laws,  Chapter  25,  §  15. 

tionsby  towns       SECTION  15.    It  may  at  legal  meetings  appropriate  money  for  the 

1785,  75,  §  7.  following  purposes:  .  .  .  "For  conveying  pupils  to  and  from  the  public 

§§'  12,^6;  schools,  or,  if  it  maintains  no  high  school  or  public  school  of  corresponding 

G5'l  8is  5  10  gra-de  but  affords  high  school  instruction  by  sending  pupils  to  other  towns, 

p."  s.  27,'  for  the  necessary  transportation  expenses  of  such  pupils,  the  same  to  be 

I897,'i32.  expended  by  the  school  committee  in  its  discretion." 

1869,132  1898,496,§3.  198  Mass.  SSI.  1903,116.  1-907,311. 

1894,  436,  §  4.  18S  jfass.  74.  ia0g,  109,  190^  16g_  IQQS,  290,  392. 

Acts  of  1913,  Chapter  340. 

An  Act  to  change  the  Definition  of  the  Term  "Support  of  the  Public 

Schools." 

R.  L.  42,  §  6,  SECTION  1.  Section  six  of  chapter  forty-one  of  the  Revised  Laws  is 
hereby  amended  by  inserting  after  the  word  "incidentals",  in  the 
thirteenth  line,  the  words  :  —  but  excluding  alterations  of  school  buildings 
other  than  repairs  and  construction  of  schoolhouses,  —  so  as  to  read  as 

Support  of  follows:  —  Section  6.  No  such  apportionment  and  distribution  shall  be 
made  to  a  town  which  has  not  maintained  a  school  as  required  by  section 
one  of  chapter  forty-two;  or  which,  if  containing  the  number  of  families 
or  householders  required  by  section  two  of  said  chapter,  has  not  maintained, 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  223 

for  at  least  thirty-six  weeks  during  the  year,  exclusive  of  vacations,  a  high 
school  such  as  is  mentioned  therein;  or  which  has  not  made  the  returns 
required  by  sections  five  and  six  of  chapter  forty-three,  and  complied  with 
the  laws  relative  to  truancy;  or  which  has  not  raised  by  taxation  for  the 
support  of  public  schools  which  are  authorized  or  required  by  law,  includ- 
ing the  wages  of  teachers,  the  transportation  of  school  children,  fuel,  the 
care  of  fires,  school  rooms  and  school  premises,  supervision,  text  books 
and  supplies,  and  school  sundries  or  incidentals,  but  excluding  alterations 
of  school  buildings  other  than  repairs  and  construction  of  schoolhouses 
during  the  school  year  embraced  the  last  annual  returns,  an  amount  not 
less  than  three  dollars  for  each  person  between  the  ages  of  five  and  fifteen 
years  resident  in  such  town  on  the  first  day  of  September  of  said  school 
year. 

'  SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  25,  1913. 

Revised  Laws,  Chapter  44,  §  4  (as  amended). 

SECTION  4.     If  a  child  whose  parent  or  guardian  has  a  legal  residence  Attendance  at 
within  the  commonwealth  resides  in  a  city  or  town  other  than  that  of  the  p^cesVther 
legal  residence  of  his  parent  or  guardian  [for  the  sole  purpose  of  there  t^an  residence 
attending  school,  his  parent  or  guardian  shall  be  liable  to  said  city  or  guardians'  °r 
town  for  his  tuition  while  attending  school  in  said  city  or  town  to]  and  ils^9^'. 
in  the  opinion  of  the  school  committee  of  the  said  city  or  town  such  residence  G.  s.  41,  §  7 
is  for  the  purpose  of  there  attending  school  in  preference  to  the  place  of  the  p.  s.'47,  §  8. 
legal  residence  of  his  parent  or  guardian,  the  said  city  or  town  may  recover  }|gg'  |g|'  *  8- 
from  the  parent  or  guardian  for  the  tuition  of  said  child,  while  there  attending  1898,  496,  §  8. 

%T    .  ,  .     ./  y   103  Mass.  104. 

school,  subject  to  appeal  to  the  probate  court,  an  amount  equal  to  the  average  164  Mass.  430. 
expense  of  such  school  for  each  pupil  during  the  preceding  year,  for  a  ^g 
period  equal  to  the  time  during  which  the  child  so  attends,  unless  the  i9 
city  or  town  in  which  the  parent  or  guardian  resides  is  required  by  sec- 
tion three  of  chapter  forty-two  to  pay  for  said  tuition.  A  child  whose 
parent  or  guardian  has  no  legal  residence  in  the  commonwealth  may  be  per- 
mitted, in  the  discretion  of  the  school  committee  in  charge,  to  attend  the  schools 
of  any  city  or  town  on  payment  as  tuition  of  an  amount  not  less  than  the 
average  cost  of  education  per  pupil  in  the  school  which  the  said  child  attends. 
For  the  tuition  in  the  public  schools  in  any  city  or  town  of  a  child  between 
the  ages  of  five  and  fifteen  years  who  shall  be  placed  elsewhere  than  in 
his  own  home  by  the  state  board  of  charity,  or  by  the  trustees  of  the 
Lyman  and  industrial  schools,  or  kept  under  the  control  of  either  of  said 
boards  in  said  city  or  town,  the  commonwealth  shall  pay  to  said  city  or 
town,  and  for  such  tuition  of  any  such  child  so  placed  by  the  trustees 
for  children  of  the  city  of  Boston,  or  so  kept  under  the  control  of  said 
trustees,  the  city  of  Boston  from  its  appropriation  for  school  purposes,  - 
shall  pay  to  said  city  or  town,  fifty  cents  for  each  week  of  five  days,  or 
major  part  thereof,  of  attendance  of  every  such  child  in  the  public  schools. 
For  the  transportation  to  and  from  a  public  school  of  any  child  whose 
tuition  is  payable  by  the  commonwealth  or  by  the  city  of  Boston  under 
the  provisions  of  this  section,  the  commonwealth  or  the  city  of  Boston, 
as  the  case  may  be,  shall  pay  to  the  city  or  town  furnishing  such  transpor- 
tation, for  each  week  of  five  days  or  major  part  thereof,  an  amount  equal 
to  the  average  amount  for  each  child  paid  by  said  city  or  town  per  week 
for  the  transportation  of  children  to  and  from  school  over  the  route  by 
which  such  child  is  conveyed.  Settlements  of  the  accounts  of  the  sev- 
eral cities  and  towns  with  the  commonwealth  and  with  the  city  of  Boston 
shall  be  made  annually  on  the  first  day  of  April,  and  the  amounts  found 
due  shall  be  paid  within  three  months  thereafter.  The  money  received 


224 


PART  III. 


OF  STREET  RAILWAY  COMPANIES. 


by  said  cities  and  towns  under  the  provisions  of  this  section  shall  be  ap- 
plied to  the  support  of  schools.  For  the  tuition  in  the  public  schools  in 
any  town  of  less  than  ten  thousand  inhabitants  of  any  child  between  the 
ages  of  five  and  fifteen  years  not  theretofore  resident  in  such  town,  who  is 
an  inmate  of  an  institution  containing  more  than  six  inmates,  said  town 
may  recover  from  said  institution  the  extra  school  expense  incurred,  as 
may  be  determined  jointly  by  the  school  committee  of  said  town  and  the 
trustees  or  managers  of  said  institution,  or,  in  case  of  disagreement  be- 
tween said  school  committee  and  said  trustees  or  managers,  as  may  be 
decreed  by  the  probate  court;  but  no  demand  shall  be  made  upon  said 
trustees  or  managers  without  a  vote  of  the  town  instructing  the  school 
committee  to  that  effect. 


School  com- 
mittee to 
certify  number 
of  children, 
also  amount 
raised  for  sup- 
port of  schools. 
1846,  223,  §  2. 
1849,  117,  §  1. 
1855,  23. 
G.  S.  40,  §  4. 
1865,  142,  §  2. 
1874,  303,  §  2. 
P.  S.  46,  §  5. 
1896,  179. 
1898,  496,  §  17. 
1900,  175. 
Amended. 
1912,  368,  §  3. 


Revised  Laws,  Chapter  43,  §  4. 

SECTION  4.  The  chairman  and  the  secretary  of  each  school  committee 
shall  annually  on  or  before  the  thirtieth  day  of  April  transmit  to  the 
secretary  of  the  board  of  education  a  certificate  filled  out,  signed  and 
sworn  to  by  them  as  follows:  .  .  .  "III.  That  said  town  (or  city)  raised 
by  taxation  and  expended  during  the  fiscal  year  last  preceding  the  date 
of  this  certificate  the  sum  of  dollars  for  the  support  of  the 

public  schools,  including  the  wages  of  teachers,  the  transportation  of 
school  children,  fuel,  the  care  of  fires,  school  rooms  and  school  premises, 
supervision,  text  books  and  supplies,  and  school  sundries  or  incidentals, 
but  excluding  repairs,  alterations  and  construction  of  school  houses  and 
contributions  for  the  support  of  public  schools  which  may  be  received 
from  the  commonwealth  or  from  other  sources  than  local  taxation." 


R.  L.  43,  §  4, 
amended. 


Acts  of  1912,  Chapter  368,  §  3. 

SECTION  3.  Section  four  of  said  chapter  forty-three  is  hereby  amended 
by  striking  out  the  said  section,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  4-  The  chairman  of  each  school  committee  shall 
annually  on  or  before  the  thirty-first  day  of  July  transmit  to  the  com- 
missioner of  education  a  certificate  filled  out,  signed  and  sworn  to  by 
him,  containing  the  following  statements: —  .  .  . 

Third.  The  amount  of  money  raised  by  taxation  by  the  town  (or 
city),  and  expended  during  the  school  year  last  preceding  the  date  of  the 
certificate  for  the  support  of  the  public  schools,  including  the  wages  of 
teachers,  the  transportation  of  school  children,  fuel,  the  care  of  fires, 
schoolrooms  and  school  premises,  repairs,  supervision,  text-books  and 
supplies,  and  school  sundries  or  incidentals,  but  excluding  alterations  of 
school  buildings,  other  than  repairs,  and  construction  of  schoolhouses  and 
contributions  for  the  support  of  public  schools  which  may  be  received 
from  the  commonwealth  or  from  other  sources  than  local  taxation. 


Regulation  of 
fares. 


SECTION  100.  All  provisions  of  law  relative  to  changes  and 
1864, 229, 5  26.  regulation  of  fares  upon  railroads  shall  apply  to  changes  and 
p.  s.'  us',  §  44!  regulation  of  fares  upon  street  railways.  ISQS,  578,  §  23.  1901,  iso. 

R.  L.  112,  §  73.  185  Mass.  183.  [See  Part  I,  §§  8, 10.  ]  190  Mass.  288. 

withdrawal  of       SECTION  101.     A  street  railway  company  shall  not  withdraw 

free  checks  and  .  •  i         i  f  t  t 

free  transfers.     Or  discontinue  the  use  of  any  free  checks  or  tree  transfers  from 

R.  L'.  112,  §  74.  one  car  or  line  of  cars  to  another  without  the  approval  of  the 

board  of  railroad  commissioners;  but  it  may  regulate  the  use 

thereof  to  conform  to  rates  of  fare  established  under  authority 

of  section  ninety-six. 


PART   III.  —  OF  STREET  RAILWAY   COMPANIES.  225 

SECTION  102.     Every  street  railway  company  shall  cause  to  Penalty  for 
be  printed  on  the  transfer  tickets  issued  by  it  to  passengers  the  uSer0 
conditions  under  which  such  tickets  may  be  used.     Whoever  1904,267. 
uses  a  transfer  ticket  in  violation  of  any  such  condition,  or  who- 
ever uses  or  attempts  to  use  a  transfer  ticket  not  issued  to  him, 
or  whoever  for  value  disposes  of  or  attempts  to  dispose  of  a 
transfer  ticket  issued  to  him  to  any  other  person,  or  whoever 
for  value  delivers  or  attempts  to  deliver  a  transfer  ticket  not 
issued  to  him  to  any  person,  shall  be  punished  by  a  fine  not  ex- 
ceeding fifty  dollars  or  by  imprisonment  for  a  term  not  exceed- 
ing thirty  days. 

INCREASE   OF   CAPITAL  STOCK  AND   ISSUE   OF   BONDS. 

SECTION  103.  A  street  railway  company,  for  the  purpose  of  caplt 
building  an  extension,  or  of  acquiring  land  for  pleasure  resorts,  bond 
or  of  acquiring  or  building  power  houses  or  car  houses  or  park  ^i!Lp 
buildings,  or  of  acquiring  or  equipping  additional  rolling  stock,  §§26,21/23, 
or  of  changing  its  motive  power,  or  of  furnishing  electricity  to  a  1002, 370. 
town  for  light,  or  of  abolishing  grade  crossings,  or  of  paying 
betterment  assessments  for  widening  or  otherwise  altering 
streets,  or  of  complying  with  any  requirements  lawfully  im- 
posed, or  of  making  permanent  investments  or  improvements, 
or  of  acquiring  any  additional  real  or  personal  property  neces- 
sary or  convenient  for  its  corporate  objects,  or  of  refunding  its 
funded  debt,  or  for  the  payment  of  money  borrowed  or  in- 
debtedness incurred  for  any  of  the  foregoing  purposes,  or  for 
other  similarly  necessary  and  lawful  purposes,  may,  in  accord- 
ance with  the  provisions  of  sections  one  hundred  and  seven, 
one  hundred  and  eight,  one  hundred  and  eleven  and  one  hun- 
dred and  twelve  of  Part  III,  and  of  sections  forty-eight  to  [For  §§  4s-se 
fifty-six,  inclusive,  of  Part  II,  increase  its  capital  stock  or  issue  '86' 

bonds,  secured  by  mortgage  or  otherwise,  to  such  an  amount, 
beyond  the  amounts  fixed  and  limited  by  its  agreement  of 
association  or  its  charter,  or  by  any  special  law,  as  the  board 
of  railroad  commissioners  shall  determine  will  realize  the  amount 
which  has  been  properly  expended  or  will  be  properly  required, 
and  as  said  board  shall  approve  for  such  of  the  purposes  afore- 
said as  are  set  out  in  its  petition  to  said  board.  Said  board  in 
authorizing  the  issue  of  any  bonds  under  this  section  may  pre- 
scribe the  minimum  price  at  which  such  bonds  shall  be  sold,  and 
may  modify  such  price  from  time  to  time,  as  the  board  may  deem 
proper.  Whenever  said  board  authorizes  or  has  approved  the 
issue  or  sale  of  bonds  of  a  face  value  in  excess  of  the  amount 
determined  by  it  to  have  been  properly  expended  or  to  be  properly 
required,  it  may,  in  its  order  of  approval,  or  at  any  time  there- 
after, require  the  company  issuing  such  bonds  to  establish  a 
sinking  fund,  estimated  to  realize  at  the  maturity  of  said  bonds  a 
sum  equal  to  the  difference  between  the  amount  or  amounts  for 
which  such  bonds  were  authorized  or  approved,  and  the  face  value 
of  the  bonds  so  authorized  or  approved  therefor,  and  may  desig- 


226 


PART   III.  —  OF   STREET    RAILWAY    COMPANIES. 


nate  some  Massachusetts  trust  company  as  trustee  and  custodian 
of  such  fund,  and  may  from  time  to  time  change  such  trustee. 
The  provisions  of  any  agreement  relative  to  said  sinking  fund, 
made  between  the  street  railway  company  and  the  trust  company 
selected  as  such  trustee,  shall  be  submitted  to  said  board  and  shall 
not  be  valid  until  approved  by  it. 


1906,  463, 
Part  III,  §  103, 
amended. 


Authority  of 
railroad  com- 
missioners to 
supervise  the 
issue  of  bonds 
by  street  rail- 
way com- 
panies ex- 
tended, etc. 


Securities 
for  working 
capital. 


Acts  of  1910,  Chapter  536. 

An  Act  to  define  and  extend  the  Authority  of  the  Board  of  Railroad  Com- 
missioners to  supervise  the  Issue  of  Bonds  by  Street  Railway  Com- 
panies. 

SECTION  1.  Section  one  hundred  and  three  of  Part  III  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six  is  hereby  amended  by  adding  at  the  end  thereof  the  following:  — 
Said  board,  in  authorizing  the  issue  of  any  bonds  under  this  section  may 
prescribe  the  minimum  price  at  which  such  bonds  shall  be  sold,  and 
may  modify  such  price  from  time  to  time,  as  the  board  may  deem  proper. 
Whenever  said  board  authorizes  or  has  approved  the  issue  or  sale  of 
bonds  of  a  face  value  in  excess  of  the  amount  determined  by  it  to  have 
been  properly  expended  or  to  be  properly  required,  it  may,  in  its  order 
of  approval,  or  at  any  time  thereafter,  require  the  company  issuing  such 
bonds  to  establish  a  sinking  fund,  estimated  to  realize  at  the  maturity 
of  said  bonds  a  sum  equal  to  the  difference  between  the  amount  or  amounts 
for  which  such  bonds  were  authorized  or  approved,  and  the  face  value  of 
the  bonds  so  authorized  or  approved  therefor,  and  may  designate  some 
Massachusetts  trust  company  as  trustee  and  custodian  of  such  fund, 
and  may  from  time  to  time  change  such  trustee.  The  provisions  of  any 
agreement  relative  to  said  sinking  fund,  made  between  the  street  railway 
company  and  the  trust  company  selected  as  such  trustee,  shall  be  sub- 
mitted to  said  board  and  shall  not  be  valid  until  approved  by  it. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  18,  1910. 

Acts  of  1909,  Chapter  485. 

An  Act  to  authorize  Street  Railway  Companies  to  issue  Securities  for 
supplying  Working  Capital. 

SECTION  1.  In  addition  to  the  purposes  for  which  a  street  railway 
company  may  increase  its  capital  stock  or  issue  bonds,  as  provided  in 
section  one  hundred  and  three  of  Part  III  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  a  street 
railway  company  for  the  purpose  of  supplying  itself  with  working  capital 
may,  in  accordance  with  the  provisions  of  sections  one  hundred  and 
seven,  one  hundred  and  eight,  one  hundred  and  ten,  one  hundred  and 
eleven  and  one  hundred  and  twelve  of  Part  III  of  said  chapter,  or  of 
chapter  six  hundred  and  thirty-six  of  the  acts  of  the  year  nineteen  hun- 
dred and  eight,  as  amended  by  chapter  three  hundred  and  sixty-nine  of 
the  acts  of  the  year  nineteen  hundred  and  nine,  in  the  case  of  companies 
to  which  said  last  mentioned  chapter  is  applicable,  and  of  sections  forty- 
eight  to  fifty-six,  inclusive,  of  Part  II  of  said  chapter  four  hundred  and 
sixty-three,  increase  its  capital  stock  to  an  amount  not  exceeding  five  per 
cent  of  the  par  value  of  its  capital  stock  then  outstanding,  or  may  issue 
bonds,  secured  by  mortgage  or  otherwise,  to  an  amount,  beyond  the 
amounts  fixed  and  limited  by  its  agreement  of  association,  or  by  the  pro- 
visions of  any  general  or  special  law,  and  not  more  than  the  board  of 
railroad  commissioners  shall  determine  will  be  properly  required  for  such 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  227 

purpose,  and  as  said  board  shall  approve  as  being  consistent  with  the 
interest  of  the  public  and  of  the  stockholders  of  such  company  and  as 
not  unreasonably  reducing  the  security  of  any  bond  previously  issued. 
SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  11,  1909. 

REDUCTION   OF  CAPITAL  STOCK. 

SECTION  104.     Upon  the  petition  of  a  street  railway  company  Reduction  of 
for  authority  to  reduce  its  capital  stock,  presented  in  accord-  i89o,a326°c 
ance  with  a  vote  of  the  stockholders  at  a  meeting  called  for  the  seeL/sos2'<?L22" 
purpose,  the  board  of  railroad  commissioners  may,  after  a  hear-  1909' S69<  485- 
ing  and   such   examination   of  the   financial   condition   of  the 
company  as  it  considers  necessary,  authorize  such  reduction  to 
be  made,  if  it  appears  to  be  consistent  with  the  public  interests 
and  with  the  limitations  imposed  by  general  or  special  laws. 
A  certificate  of  the  amount  of  the  reduction  and  of  any  terms 
and  conditions  imposed  shall  be  forthwith  filed  by  said  board 
in  the  office  of  the  secretary  of  the   commonwealth.     When 
such  reduction  is  made,  no  money  or  other  property  shall  be 
paid   or  transferred   to  the   stockholders    unless,  specially   au- 
thorized by  said  board,  and  by  a  vote  of  the  directors  of  the 
company  taken  by  yeas  and  nays  at  a  meeting  called  for  the 
purpose.     The  directors  who  vote  therefor  shall  be  jointly  and 
severally   liable   for  the   debts  or   contracts   of   the   company 
which  exist  at  the  time  when  the  capital  stock  is  reduced,  to 
the  extent  of  the  money  or  property  paid  or  transferred  to  the 
stockholders. 

STOCK  AND   SCRIP  DIVIDENDS. 

SECTION  105.     A  street  railway  company  shall  not  declare  stock  and  scrip 
any  stock  or  scrip  dividend  or  divide  the  proceeds  of  the  sale  ises^sio,'  §  i. 
of  stock  or  scrip  among  its  stockholders.  1874, 372,  §  177.  1871>  389- 

P.  S.  105,  §  18;  112,  §  61.  1894,  350,  §  1.  R.  L.  109,  §  20. 

SECTION  106.     A  certificate  of  stock  or  scrip  issued  in  viola-  LiabUity  of 
tion  of  the  provisions  of  the  preceding  section  shall  be  void ;  and  ises^sTo,  §  2. 
each  director  of  the  company  issuing  it  shall  be  liable  to  a  pen-  ^i^'^f' 5 19; 
alty  of  one  thousand  dollars,  to  be  recovered  by  indictment  in  J894;  ®®> 1  |t 
the  county  in  which  he  resides,  or,  if  he  resides  in  no  county  in  See  IMS,  'ess,- 

,  .  i  i       •  •          i  •   i     i  1909<  369<  48S- 

this  commonwealth,  in  the  county  in  which  he  is  commorant, 
or  the  offence  was  committed;  but  if  any  such  director  proves 
that,  before  such  issue,  he  filed  his  dissent  in  writing  thereto 
with  the  clerk,  or  was  absent,  and  at  no  time  voted  therefor, 
he  shall  not  be  so  liable. 


ISSUE    OF    CAPITAL    STOCK,    BONDS,    COUPON    NOTES    AND    OTHER 
EVIDENCES    OF   INDEBTEDNESS. 

SECTION  107.     A  street  railway  company  shall  issue  only  such  issue  of 
amounts  of  stock  and  bonds,  coupon  notes  and  other  evidences  bonds!  coupon 
of  indebtedness  payable  at  periods  of  more  than  twelve  months  othe?  evfdence 
after  the  date  thereof,  as  the  board  of  railroad  commissioners  ^indebtedness 

f  .  •  '  i  •  i  1875,  161. 

may  from  time  to  time  determine  to  be  reasonably  necessary  p- s-  no-  § 7- 


228  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 

lll^ifkL}'  f°r  the  purpose  for  which  such  issue  of  stock  or  bonds  has  been 
authorized.  Said  board  shall  render  a  decision  upon  an  applica- 

1OY*/,  OO/,   §!•.  „  ,         .  •     l    •  i    •  i  »  1  »         '«      « 

R.  L.  109,  §  24.  tion  for  such  issue  within  thirty  days  alter  the  final  hearing 
659.F'  thereon.  Such  decision  shall  be  in  writing,  shall  assign  the 

See  1908,  636;  ,  i  <•  i      11       -f  .1        •    •  i      •  -p          i 

1909,869,485.  reasons  therelor,  shall,  it  authorizing  such  issue,  specify  the 
respective  amounts  of  stock  or  bonds,  or  of  coupon  notes  or 
other  evidences  of  indebtedness  as  aforesaid,  which  are  author- 
ized to  be  issued  for  the  respective  purposes  to  which  the  pro- 
ceeds thereof  are  to  be  applied,  and  shall,  within  seven  days 
after  it  has  been  rendered,  be  filed  in  the  office  of  said  board. 
A  certificate  of  the  decision  of  said  board  shall,  within  three 
days  after  such  decision  has  been  rendered  and  before  the  stock 
or  bonds  or  coupon  notes  or  other  evidences  of  indebtedness 
as  aforesaid  are  issued,  be  filed  in  the  office  of  the  secretary  of 
the  commonwealth,  and  a  duplicate  thereof  delivered  to  the 
company.  Such  company  shall  not  apply  the  proceeds  of  such 
stock  or  bonds  or  coupon  notes  or  other  evidences  of  indebted- 
ness as  aforesaid  to  any  purpose  not  specified  in  such  certificate. 

Acts  of  1913,  Chapter  764. 

An  Act  relative  to  the  Creation  and  Issue  of  Preferred  Stock  by  Street 
Railway  Companies. 

Preferred  stock  .SECTION  1.  A  street  railway  company  organized  under  the  laws  of 
b^streVt^ai^  this  commonwealth  may,  by  vote  of  two  thirds  in  interest  of  its  common 
way  companies  stockholders  at  a  meeting  duly  called  for  the  purpose,  with  the  approval 

upon  approval        .     .       ,  ,      ,        ..          ,  °  .     .  j        i  •  ,1  •   •  •• 

of  railroad         of  the  board  of  railroad  commissioners,  and  subject  to  the  provisions  of 

commissioners.   sec^jon  one  hundred  and  seven  of  Part  III  of  chapter  four  hundred  and 

sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six,  and  section 

three  of  chapter  six  hundred  and  thirty-six  of  the  acts  of  the  year  nineteen 

increase  of        hundred  and  eight,  issue,  and  from  time  to  time  increase,  preferred  stock 

of  one  or  more  classes,  for  any  lawful  purposes  for  which  street  railway 

companies  are  now  or  may  hereafter  be  authorized  to  issue  or  increase 

Preferences  and  their  capital  stock.     Each  class  of  preferred  stock  shall  be  entitled  to  the 

fixedly  "vote,     preferences  and  rights  and  shall  be  subject  to  the  restrictions  and  limita- 

tions fixed  by  such  vote  as  approved  by  said  board. 

Common  stock       SECTION  2.    Any  such  street  railway  company  may,  upon  such  terms 

changed  to         and  in  such  manner  as  shall  be  determined  by  vote  of  two  thirds  in  amount 

preferred,  etc.     of  j^s  outstanding  common  capital  stock  and  as  shall  be  approved  by  the 

board  of  railroad  commissioners,  issue  in  lieu  of  outstanding  common 

shares  preferred  shares  to  such  number,  of  such  par  value  and  with  such 

preferences,  rights,  restrictions  and  limitations  and  entitled  to  such  rate 

Proviso.  of  preferred  dividend  as  shall  so  be  determined  and  approved:   'provided, 

however,  that  the  aggregate  par  value  of  such  preferred  stock  shall  not 

exceed  the  aggregate  par  value  of  the  common  stock  in  exchange  for 

which  it  is  issued. 

classes  of  SECTION  3.    Each  class  of  preferred  stock  issued  under  authority  of 

be        this  act  shall  be  designated  by  a  name  approved  by  the  said  board  to 


distinguish  it  from  all  other  classes  of  stock  of  the  company.     A  certified 
copy  of  the  vote  creating,  and  of  the  order  of  the  said  board  approving, 
the  creation  of  any  class  of  preferred  stock  shall  be  filed  in  the  office  of 
the  said  board  and  in  the  office  of  the  commissioner  of  corporations. 
Fijng  df  v°fe     Every  certificate  of  stock  issued  by  a  street  railway  company  after  the 
board!  etc.         approval  by  the  said  board  of  the  creation  by  it  of  preferred  stock  shall 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES.  229 

contain  a  reference  to  all  votes  creating  preferred  stock  and  a  brief  de- 
scription of  the  respective  preferences,  rights  and  restrictions  of  each 
class  of  such  stock. 

SECTION  4.    Any  preferred  stock  issued  under  authority  of  this  act  Voting  powers 
shall  have  the  same  voting  power  as  the  common  stock,  except  that,  in  ° 
any  case,  there  may  be  such  limitations  of  the  voting  power  of  said  pre- 
ferred stock  as  said  board  approves  and  finds  to  be  consistent  with  the 
adequate  protection  of  the  public  interests.    The  aggregate  amount  at  Amount  of 
par  of  preferred  stock  of  all  classes  issued  by  a  street  railway  company  regulated  8t°ck 
shall  at  no  time  exceed  twice  the  amount  at  par  value  of  its  outstanding 
common  stock,  and  no  class  of  preferred  stock  shall  be  created  which  is 
not,  in  a  manner  approved  by  the  board  of  railroad  commissioners,  made 
subordinate  in  respect  to  dividends  or  to  participation  in  the  proceeds  of 
liquidation  to  the  preferences  of  every  previously  created  class  of  pre- 
ferred stock.    Upon  any  issue  of  preferred  stock  the  new  shares  shall,  Preferred 
unless  the  common  stockholders  shall,  with  the  approval  of  the  board  of  Lsued.' 
railroad  commissioners,  otherwise  provide,  first  be  offered  to  the  com- 
mon stockholders  in  the  manner  prescribed  in  said  chapter  six  hundred 
and  thirty-six  of  the  acts  of  the  year  nineteen  hundred  and  eight  and 
acts  in  amendment  thereof,  and  any  shares  of  the  preferred  stock  which 
shall  not  have  been  duly  subscribed  and  paid  for  by  the  common  stock- 
holders or  their  assigns  shall  be  offered  in  the  same  manner  to  the  existing 
holders  of  preferred  stock  of  the  same  class;  and  any  of  such  preferred  Remaining 
shares  then  remaining  untaken,  and  all  of  the  preferred  shares  if  the  fhare^to  be 
common  stockholders  so  determine  and  the  said  board  approves,  may  be  sold- 
sold  in  the  manner  and  subject  to  the  provisions  of  section  two  of  said 
chapter  six  hundred  and  thirty-six.     In  case  of  any  increase  in  the  com-  increase  of 
mon  stock  of  the  company,  holders  of  preferred  stock  shall  be  entitled  to  t^e'cffeTed*01* 
have  offered  to  them  shares  of  the  new  stock  in  the  manner  provided  in  present  holders 
said  chapter  six  hundred  and  thirty-six,  and  acts  in  amendment  thereof,  boardeve 
whenever  the  vote  creating  such  preferred  stock  as  approved  by  the  said  aPProves- 
board  shall  so  provide. 

SECTION  5.    Chapter  four  hundred  and  forty-one  of  the  acts  of  the  Repeal, 
year  nineteen  hundred  and  two,  so  far  as  it  applies  to  street  railway  com- 
panies, is  hereby  repealed.     [Approved  June  12,  1913. 

SECTION  108.     A   street  railway  company,   unless  expressly  Limit  of 
authorized  by  its  charter  or  by  special  law,   shall  not  issue  c8oupo°n  notes8' 
bonds,  coupon  notes  or  other  evidences  of  indebtedness  payable  dences^Tin-1" 
at  periods  of  more  than  twelve  months  after  the  date  thereof  d889?3Di6?§  2. 
to  an  amount  which,  including  the  amount  of  all  such  securities  ^89£  ^>  I  %. 
previously  issued  and  outstanding,  exceeds  in  the  whole  the  | ee.19°*'  <6f°i 
amount  of  its  capital  stock  at  the  time  actually  paid  in;  but 
this  limitation  shall  not  apply  to  the  issue  of  bonds  for  the 
purpose  of  paying   and  refunding  at  maturity  bonds  lawfully 
issued  prior  to  the  second  day  of  June  in  the  year  eighteen 
hundred  and  ninety-seven;  nor  shall  it  apply  to  such  of  the 
bonds  issued  or  to  be  issued  under  a  mortgage  as  are  deposited 
to  retire  at  or  before  maturity  bonds  or  other  evidences  of  in- 
debtedness previously  issued  and  outstanding  at  the  date  of 
such  mortgage,  and  as  do  not  exceed  the  par  value  of  the  funded 
or  other  debt  so  to  be  retired;  and  such  company  shall  not 
issue  the  securities  specified  in  this  section  unless  authorized  by 
a  vote  of  its  stockholders  at  a  meeting  called  for  the  purpose. 


230  PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 

SSfSaj^;       SECTION  109.     The   supreme  judicial  court  or  the   superior 
452,  §  3;  462,     court  shall  have  jurisdiction  in  equity,  upon  the  application  of 
if9!!'  109  s  27  ^ne  board  of  railroad  commissioners,  of  the  attorney-general,  or 
'  any  stockholder  or  of  any  interested  party,  to  enforce  the  pro- 
visions of  the  two  preceding  sections  and  all  lawful  orders  and 
decisions,  conditions  or  requirements  of  said  board  made  in  pur- 
suance thereof. 

1894  H45o  §2-  SECTION  110.  A  director,  treasurer  or  other  officer  or  agent 
452,  §2;  462,'  of  a  street  railway  company  who  knowingly  votes  to  authorize 
R.  L.  109,  §  28.  the  issue  of,  or  knowingly  signs,  certifies  or  issues,  stock  or 

See  1908,  636;      v          i  .1  •    •  P   ,1        ,u  j- 

1909, 369, 485.  bonds  contrary  to  the  provisions  ot  the  three  preceding  sections, 
or  who  knowingly  votes  to  authorize  the  application,  or  know- 
ingly applies  the  proceeds,  of  such  stock  or  bonds  contrary 
to  the  provisions  of  said  sections,  or  who  knowingly  votes  to 
assume  or  incur,  or  knowingly  assumes  or  incurs  in  the  name 
or  behalf  of  such  company,  any  debt  or  liability  except  for  the 
legitimate  purposes  of  the  company  shall  be  punished  by  a  fine 
of  not  more  than  one  thousand  dollars,  or  by  imprisonment  for 
not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

New  shares  to        SECTION  111.     If  a  company  which  owns  or  operates  a  street 

be  offered  to  ...  .  «      i  i 

stockholders      railway  increases  its  capital  stock,  such  new  shares  as  are  neces- 
of  capital         sary  to  produce  the  amount  of  increased  capital  stock  which  has 
WTO.  179.         been  authorized  shall,  except  as  provided  in  the  following  sec- 
ii/silgfu!'    tion,  be  offered  proportionately  to  its  stockholders  at  such  price 
isfs  84  §  i      n°t  IGSS  than  the  market  value  thereof  at  the  time  of  increase, 
p87!'  ice  Ysg-  as  may  ^e  determined  by  the  board  of  railroad  commissioners, 
112,  §58;' 113, '  taking  into  account  previous  sales  of  stock  of  the  company  and 
1893,  sis,  §  i.    other  pertinent  conditions,  which  determination  shall  be  in  writ- 
R89L.  109',  §  30.  ing  and  with  the  date  thereof  shall  be  certified  to  and  recorded 
Ido^se^isL  in  the  books  of  the  company.     The  directors,  upon  the  approval 
of  such  increase  as  provided  in  section  one  hundred  and  seven, 
and  the  determination  of  the  market  value  as  hereinbefore  pro- 
vided, shall  cause  written  notice  of  such  increase  to  be  given  to 
each  stockholder  of  record  upon  the  books  of  the  company  at 
the  close  of  business  on  the  date  of  such  determination  by  said 
board,   stating  the  amount  of  such  increase,   the  number  of 
shares  or  fractions  of  shares  to  which  he,  according  to  the  pro- 
portionate number  of  his  shares  at  the  date  of  such  determina- 
tion, is  entitled,  the  price  at  which  he  is  entitled  to  take  them, 
and   fixing  a  time,  not   less   than   fifteen  days  after  the  date 
of   such   determination   by  said   board,  within  which  he  may 
subscribe  for  such  additional  stock.      Each  stockholder  may, 
within    the    time    limited,  subscribe   for   his   portion    of   such 
stock,  which  shall   be  paid  for  in   cash  before  the  issue  of  a 
«  certificate  therefor. 

stock  sold  at         SECTION  112.     If  the  increase  in  the  capital  stock  which  is 

auction.  .   .  i-  •  i 

1870, 179.  subject  to  the  provisions  of  the  preceding  section  does  not  ex- 
187s! 39,  §  i;'  ceed  four  per  cent  of  the  existing  capital  stock  of  the  company, 
1874, 372.  §  46.  the  directors,  without  first  offering  the  same  to  the  stockholders, 
1879!  90! §  2'  may  sell  them  by  auction  to  the  highest  bidder  at  not  less  than 
n2S'§15°96'  ii3°;  tlie  Par  va^ue  thereof  to  be  actually  paid  in  cash.  They  may 

§16. 


PART   III.  —  OF   STREET  RAILWAY   COMPANIES.  231 

also  so  sell  at  public  auction  any  shares,  which,  after  the  ex-  1893,  sis,  §  2. 
piration  of  the  time  limited  in  the  notice  required  by  the  pre-  §§  i',z. 
ceding  section,  remain  unsubscribed  for  by  the  stockholders  en-  see  wos,  ese,-' 
titled  to  take  them.     Such  shares  shall  be  offered  for  sale  in  1909' 369'  485~ 
the  city  of  Boston,  or  in  such  other  city  or  town  as  may  be  pre- 
scribed by  the  board  of  railroad  commissioners;  and  notice  of 
the  time  and  place  of  such  sale  shall  be  published  at  least  five 
times  during  the  ten  days  immediately  preceding  the  sale  in 
each  of  at  least  three  of  such  daily  newspapers  as  may  be  pre- 
scribed by  said  board.     No  shares  shall  be  sold  or  issued  under 
this  or  the  preceding  section  for  a  less  amount  to  be  actually 
paid  in  cash  than  the  par  value  thereof. 


RAILROAD   CROSSINGS. 

SECTION  113.     For  the  purpose  of  avoiding  or  abolishing  a  Abolition  of 
crossing  of  a  railroad  by  the  tracks  of  a  street  railway  company  ings°a 
at  grade,  the  company  may  purchase  or  otherwise  take  land  R89®!  m',  I  e>5. 
necessary  therefor,  not  exceeding  fifty  feet  in  width,  outside  the 
limits  of  a  public  way;  but  no  land  shall  be  so  taken  which 
cannot  lawfully  be  taken  for  the  laying  out  of  a  railroad,  nor 
shall  it  be  so  taken  until  a  plan  on  an  appropriate  scale,  show- 
ing by  metes  and  bounds  the  land,  and  the  names  of  the  owners 
thereof,  has,  after  notice  to  such  owners,  and  after  such  public 
notice  and  hearing  as  is  required  by  section  seven,  been  approved 
in  writing  by  the  board  of  aldermen  of  the  city  or  the  selectmen 
of  the  town  in  which  such  land  is  situated;  nor  shall  the  land 
of  a  railroad  corporation  or  of  another  street  railway  company 
be  so  taken  without  its  consent,  except  wTith  the  approval  of 
the  board  of  railroad  commissioners,  after  notice  and  a  hearing. 

SECTION  114.     A  deed  or  description  and  a  plan  of  the  land  ^nsacnjftion 
so  purchased  or  taken  shall  be  filed  in  the  registrv  of  deeds  for  jsss.  404,  §  2. 

_  ....  i«iiii»"  i  11        **"  k.  112,  §  66. 

the  county  or  district  m  which  the  land  is  situated;  and  the 
provisions  of  law  relative  to  the  assessment,  payment  or  re- 
covery of  damages  for  land  and  other  property  taken  for  rail- 
road purposes  shall  apply  to  land  and  property  taken  under 
the  provisions  of  the  preceding  section. 

SECTION  115.     A  street  railway  company,  which  has  acquired  ^^k^" 
land  for  such  purpose,  may  construct  its  railway  over  or  under  side  public 
a  railroad,  in  the  manner  agreed  upon  by  the  companies,  or,  if  i898,'404,  §  3. 
they  do  not  agree,  in  the  manner  prescribed  by  the  board  of  R-L-112i§( 
railroad    commissioners;  but    no    overhead    structure    shall    be 
built  at  a  height  of  less  than  eighteen  feet  above  the  railroad 
track  without  the  consent  in  writing  of  said  board. 

SECTION  116.     The  board  of  aldermen  of  a  city  or  the  select-  structures 
men  of  a  town  in  case  of  a  public  way,  and  the  Massachusetts  of  public  ways 
highway  commission,  in  case  of  a  state  highway, 'may  authorize  way^te 
structures  or   alterations   within,   or  partly   within,   the   limits  ^gf;  1°^  \  es. 
thereof,  which  are  necessary  for  carrying  a  street  railway  over 
or  under  a  railroad,  if  such  way  is  not  thereby  made  unsafe  for 
other  public  travel. 


232 


PART   III.  —  OF  STREET   RAILWAY   COMPANIES. 


Liens  for  labor 
and  materials. 
1904,  373. 


Exception. 
1904,  373. 


Filing  of 
claims  for 
labor. 
1904,  373. 


—  for 
materials. 
1904,  373. 


Statute  of 
limitations. 
1904,  373. 


LIENS   FOR   LABOR   AND   MATERIALS. 

SECTION  117.  A  person  to  whom  a  debt  is  due  for  labor 
performed  or  for  materials  furnished  and  actually  used  in  con- 
structing a  street  railway  under  a  contract  with  a  person,  other 
than  the  street  railway  company,  who  has  authority  from  or  is 
rightfully  acting  for  such  company  in  furnishing  such  labor  or 
materials  shall  have  a  right  of  action  against  such  company  to 
recover  such  debt  with  costs,  except  as  provided  in  the  four 
following  sections. 

SECTION  118.  A  person  who  has  contracted  to  construct  the 
whole  or  a  specified  part  of  such  street  railway  shall  not  have 
such  right  of  action. 

SECTION  119.  A  person  shall  not  have  such  right  of  action 
for  labor  performed,  unless,  within  thirty  days  after  ceasing  to 
perform  it,  he  files  in  the  office  of  the  clerk  of  a  city  or  town  in 
which  any  of  said  labor  was  performed  a  written  statement, 
under  oath,  of  the  amount  of  the  debt  so  due  to  him  and  of  the 
name  of  the  person  or  persons  for  whom  and  by  whose  employ- 
ment the  labor  was  performed.  Such  right  of  action  shall  not 
be  lost  by  a  mistake  in  stating  the  amount  due;  but  the  claim- 
ant shall  not  recover  as  damages  a  larger  amount  than  is 
specified  in  said  statement  as  due  him,  with  interest  thereon. 

SECTION  120.  A  person  shall  not  have  such  right  of  action 
for  materials  furnished,  unless,  before  beginning  to  furnish 
them,  he  files  in  the  office  of  the  clerk  of  the  city  or  town  in 
which  any  of  the  materials  were  furnished,  in  the  manner  pro- 
vided for  filing  the  statement  mentioned  in  the  preceding  sec- 
tion, a  written  notice  of  his  intention  to  claim  such  right. 

SECTION  121.  Such  action  shall  not  be  maintained  unless  it 
is  begun  within  sixty  days  after  the  plaintiff  ceased  to  perform 
such  labor  or  to  furnish  such  materials. 


Change  of 

name. 

1891,360,  §§  1, 

2,6. 

1892,  198,  201. 

1895,  104. 

1898,  474,  §  9. 

1899,  164;  442, 
§9. 

—  certificate 
of,  to  be  filed 
with  secretary 
of  the  com- 
monwealth. 
1891,360,  §§  3, 
6. 
R.  L.  109,  §  10. 


CHANGE   OF   NAME. 

SECTION  122.  Upon  the  application  of  any  street  railway 
company,  authorized  by  a  vote  of  two  thirds  of  the  stockholders 
present  and  voting  at  a  meeting  called  for  the  purpose,  the 
board  of  railroad  commissioners  may,  after  public  notice  and  a 
hearing,  authorize  such  company  to  change  its  name. 

1901,  422,  §  9.  R.  L.  109,  §  9. 

SECTION  123.  A  certified  copy  of  such  authorization  and  a 
certificate  of  the  vote  of  the  corporation,  signed  and  sworn  to 
by  the  president,  treasurer  and  a  majority  of  the  directors,  shall 
be  filed  in  the  office  of  the  secretary  of  the  commonwealth. 
The  board  of  railroad  commissioners  shall  require  public  notice 
to  be  given  .of  the  change  so  authorized;  and  upon  receipt  of 
proof  thereof  the  secretary  of  the  commonwealth  may  grant  a 
certificate  of  the  name  which  the  company  shall  bear,  which, 
subject  to  the  restrictions  of  section  four,  shall  thereafter  be  its 
legal  name. 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  233 

SECTION  124.     A  street  railway  company  shall  have  the  same  Rights  and 
rights,  powers  and  privileges,  and  be  subject  to  the  same  duties,  under  new 
obligations  and  liabilities,   under  its  new  name  as  before  its  isoTTseo,  §  4. 
name  was  changed,  and  may  sue  and  be  sued  by  its  new  name;  R-  L- 109>  §  n* 
but  any  action  brought  against  it  by  its  former  name  shall  not 
be  defeated  on  that  account,  and,  on  motion  of  either  party, 
the  new  name  may  be  substituted  therefor. 

TAXATION. 

[For  law  as  to  taxation  of  corporate  franchises,  see  1909,  490, 
Part  III,  §§  39-43,  pages  145-148]. 

A.     Corporate  Franchise  Tax. 

SECTION  125.     Every  street  railway  company  organized  under  Annual 
general  or  special  laws  of  the  commonwealth,  in  addition  to  all  commissioner! 
returns  required  by  its  charter,  shall  annually,  between  the  first  §§62,'3°8' 
and  tenth  days  of  [May,]  April,  return  to  the  tax  commissioner,  iffoj  ff?;  1 1; 
under  the  oath  of  its  treasurer,  the  amount  of  the  capital  stock  ^^  I™5  ^' 

•  i  PI-  11  238,  §  1. 

of  the  company,  its  place  of  business  and  the  par  value  and  J|||'  270.    ^ 
market  value  of  the  shares  made  up  as  of  said  first  day  of  ISQS!  417';  57s,' 
[May.]  April.     It  shall  also  contain  a  statement  in  detail  of  the  R.  L.  14,  §  37. 
works,   structures,  real  estate  and  machinery  owned  by  said  9!  Ma^s.' 25! 
company  and  subject  to  local  taxation  within  the  common-  ^4 Marios! 
wealth,  and  of  the  location  and  value  thereof.     A  street  railway  \j£  ^^-  ^8- 
company,  whether  chartered  or  organized  in  this  commonwealth  LIP?- A- G- 
or  elsewhere,  shall  also  state  in  its  return  the  whole  length  of  w'Mass.  352. 
its  line,  and  so  much  of  the  length  of  its  line  as  is  without  the  Amended'by 
commonwealth;  also  the  length  of  track  operated  by  it  in  each  i9sfso^'^4s°' 
city  and  town  on  the  thirtieth  day  of  [September]  June  pre-  ^os^sbfeiL 
ceding  the  return,  to  be  determined  by  measuring  as  single 
track  the  total  length  of  all  tracks  operated  by  it  including 
sidings  and  turn-outs  whether  owned  or  leased  by  it  or  over 
which  it  has  trackage  rights  only;  and  the  amount  of  dividends 
paid  on  its  capital  stock  during  the  year  ending  on  such  pre- 
ceding thirtieth  day  of  [September]  June  and  during  each  year, 
ending   on   the   thirtieth   day   of   September   prior   to    September 
thirtieth,  nineteen  hundred  and  ten,  and  during  each  year  ending 
on  the  thirtieth  day  of  June  beginning  with  the  year  ending  on 
the  thirtieth  day  of  June,  nineteen  hundred  and  eleven,  from 
the  organization  of  the  company,  and  the  amount  of  such  divi- 
dends paid  during  the  nine  months  ending  on  the  thirtieth  day  of 
June,  nineteen  hundred  and  ten. 

Acts  of  1909,  Chapter  440. 

An  Act  to  change  the  Date  for  the  Assessment  of  Taxes,  and  the  Listing 
and  Registration  of  Voters. 

SECTION  1 .     The  first  day  of  April  instead  of  the  first  day  of  May 
shall  hereafter  be  the  date  for  the  assessment  of  taxes. 

SECTION  8.     All   acts   and   parts   of   acts   inconsistent   herewith   are 
hereby  repealed. 


234 


PART   III.  —  OF   STREET   RAILWAY    COMPANIES. 


1906,  463, 


2_ 
'' 


Valuation  of 
corporate  fran- 
chise, etc. 
Deductions. 
1864,208,  §§5, 
6. 

1865,  283,  §§  4, 
5. 

1880.  117,  §  2. 
P.  S.  13,  §§  39, 
40. 

1885,  238,  §  1. 

1886,  270. 
1898,  417. 

R.  L.  14,  §  38. 
13  Allen,  391. 
98  Mass.  19, 
25. 

100  Mass.  184, 
399. 

125  Mass.  568. 
137  Mass.  80. 
139  Mass.  561. 
144  Mass.  598. 
146  Mass.  408. 
152  Mass.  372. 
157  Mass.  70. 
167  Mass.  522. 
213  Mass.  68. 
163  U.S.  1. 
Amended  by 
1909,  439; 
440,  §  *. 


Acts  of  1909,  Chapter  502,  §  3. 

SECTION  3.  Section  one  hundred  and  twenty-five  of  Part  III  of  chap- 
ter four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six  is  hereby  amended  by  striking  out  the  word  " May",  in  the  fourth 
and  eighth  lines,  respectively,  and  inserting  in  each  instance,  in  place 
thereof  the  word:  —  April,- — by  striking  out  in  the  seventeenth  and 
twenty-third  lines,  the  word  "September",  and  inserting  in  place  thereof 
the  word:  —  June, —  and  by  inserting  after  the  word  "year",  in  the 
twenty-fourth  line,  the  words :  —  ending  on  the  thirtieth  day  of  Septem- 
ber prior  to  September  thirtieth,  nineteen  hundred  and  ten,  and  during 
each  year  ending  on  the  thirtieth  day  of  June  beginning  with  the  year 
ending  on  the  thirtieth  day  of  June,  nineteen  hundred  and  eleven,  — 
and  by  adding  at  the  end  of  said  section  the  words:  —  and  the  amount  of 
such  dividends  paid  during  the  nine  months  ending  on  the  thirtieth  day 
of  June,  nineteen  hundred  and  ten,  —  so  that  said  section,  as  amended, 
will  read  as  follows:  —  Section  125.  [For  §  125  as  amended,  see  above.] 

SECTION  126.  The  tax  commissioner  shall  ascertain  from 
the  returns  or  otherwise  the  true  market  value  of  the  shares  of 
each  street  railway  company,  and  shall  estimate  therefrom  the 
fair  cash  value  of  all  of  said  shares  constituting  its  capital  stock 
on  the  preceding  first  day  of  [May,]  April,  which,  unless  by  the 
charter  of  the  company  a  different  method  of  ascertaining  such 
value  is  provided,  shall,  for  the  purposes  of  this  act,  be  taken 
as  the  true  value  of  its  corporate  franchise.  From  such  value 
there  shall  be  deducted,  in  case  of  a  street  railway  company 
whether  chartered  or  organized  in  this  commonwealth  or  else- 
where, so  much  of  the  value  of  its  capital  stock  as  is  propor- 
tional to  the  length  of  that  part  of  its  line,  if  any,  lying  with- 
out the  commonwealth;  and  also  the  value  of  its  real  estate  and 
machinery  subject  to  local  taxation  within  the  commonwealth. 

For  the  purposes  of  this  section,  the  tax  commissioner  may 
take  the  value  at  which  such  real  estate  and  machinery  is 
assessed  at  the  place  where  it  is  located  as  the  true  value,  but 
such  local  assessment  shall  not  be  conclusive  of  the  true  value 
thereof.  See  190S>  S2°-  61S>'  1909>  439>  § 1  •  wo,  Part  in,  §§  39-51. 


R.  L.  12,  §  23, 
and  1902,  342, 
§  1,  amended. 
Amended  by 
1909,  440,  §  2. 


Acts  of  1909,  Chapter  439. 
An  Act  relative  to  the  Taxation  of  Poles  for  Wires. 

SECTION  1.  Section  twenty-three  of  chapter  twelve  of  the  Revised 
Laws,  as  amended  by  section  one  of  chapter  three  hundred  and  forty-two 
of  the  acts  of  the  year  nineteen  hundred  and  two,  is  hereby  further  amended 
by  inserting  after  the  word  "streets",  in  the  second  line  of  the  tenth 
paragraph,  the  words: — -and  poles,  underground  conduits  and  pipes, 
together  with  the  wires  thereon  or  therein,  laid  in  or  erected  upon  pri- 
vate property,  or  in  a  railroad  location,  —  by  inserting  after  the  word 
"companies",  in  the  third  line,  the  words:' — the  value  of  whose  poles, 
underground  conduits  and  pipes,  together  with  the  wires  thereon  or  therein, 
for  the  purpose  of  taxation,  shall,  like  their  rails  and  rights  of  way,  be 
included  in,  and  not  deducted  from,  the  value  of  their  corporate  fran- 
chises ascertained  as  provided  by  section  one  hundred  and  twenty-six  of 
Part  III  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year 


PART  III.  —  OF  STREET  RAILWAY   COMPANIES.  235 

nineteen  hundred  and  six,  and  excepting  also  such  poles,  underground 
conduits,  wires  and  pipes  of  a  railroad  corporation  laid  in  the  location  of 
said  railroad, — and  by  adding  at  the  end  of  said  paragraph,  the  words: — 
or  erected,  —  so  that  said  paragraph  will  read  as  follows: — Tenth. 
Underground  conduits,  wires  and  pipes  laid  in  public  streets,  and  poles,  Taxation  of 
underground  conduits  and  pipes,  together  with  the  wires  thereon  or  therein,  ^a/01^ 
laid  in  or  erected  upon  private  property,  or  in  a  railroad  location,  by  any 
corporation,  except  street  railway  companies,  the  value  of  whose  poles, 
underground  conduits  and  pipes,  together  with  the  wires  thereon  or 
therein,  for  the  purpose  of  taxation,  shall,  like  their  rails  and  rights  of 
way,  be  included  in,  and  not  deducted  from,  the  value  of  their  corporate 
franchises  ascertained  as  provided  by  section  one  hundred  and  twenty- 
six  of  Part  III  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  excepting  also  such  poles,  under- 
ground conduits,  wires  and  pipes  of  a  railroad  corporation  laid  in  the  loca- 
tion of  said  railroad,  shall  be  assessed  to  the  owners  thereof  in  the  cities 
or  towns  in  which  they  are  laid  or  erected. 

SECTION  2.    Section  thirty-eight  of  chapter  fourteen  of  the  Revised  R-  L- ,1t'  & 38> 

.  ,  ,  amended. 

Laws,  as  amended  by  section  three  of  chapter  three  hundred  and  forty-  Amended  by 

two  of  the  acts  of  the  year  nineteen  hundred  and  two,  is  hereby  further  1909>  44°' §  ~- 

amended  by  inserting  before  the  word  "underground",  in  the  seventeenth, 

thirtieth,  thirty-eighth  and   forty-third  lines,  the  word :  —  poles,  —  by 

striking  out  the  word  "is",  in  the  forty-third  line,  and  inserting  in  place 

thereof  the  word:  —  are,  —  and  by  striking  out  the  words  "it  is",  in 

the  forty-fourth  line,  and  inserting  in  place  thereof  the  words :  —  they 

are,  — •  so  as  to  read  as  follows :  —  Section  38.    The  tax  commissioner  Valuation  of 

shall  ascertain  from  the  returns  or  otherwise  the  true  market  value  of  £ r&nchfae,  etc. 

the  shares  of  each  corporation  subject  to  the  requirements  of  the  preceding  Deductions. 

section,  and  shall  estimate  therefrom  the  fair  cash  value  of  all  of  said  shares 

constituting  its  capital  stock  on  the  preceding  first  day  of  May,  which, 

unless  by  the  charter  of  a  corporation  a  different  method  of  ascertaining 

such  value  is  provided,  shall,  for  the  purposes  of  this  chapter,  be  taken 

as  the  true  value  of  its  corporate  franchise.     From  such  value  there  shall 

be  deducted:  — 

First.  In  case  of  a  railroad  or  telegraph  company  or  of  a  street  rail- 
way company  whether  chartered  or  organized  in  this  commonwealth  or 
elsewhere,  so  much  of  the  value  of  its  capital  stock  as  is  proportional 
to  the  length  of  that  part  of  its  line,  if  any,  lying  without  the  common- 
wealth; and  also  the  value  of  its  real  estate,  machinery  and  poles,  under- 
ground conduits,  wires  and  pipes,  subject  to  local  taxation  within  the 
commonwealth. 

Second.  In  case  of  such  a  domestic  telephone  company,  the  amount 
and  market  value  of  all  stock  in  other  corporations  held  by  it  upon 
which  a  tax  has  been  paid  in  this  or  other  states  for  the  twelve  months 
last  preceding  the  date  of  the  return;  and  in  case  of  such  a  foreign  tele- 
phone company,  so  much  of  the  value  of  its  capital  stock  as  is  propor- 
tional to  the  number  of  telephones  used  or  controlled  by  it  or  under  any 
letters  patent  owned  or  controlled  by  it  without  the  commonwealth. 
In  case  of  a  telephone  company,  whether  chartered  or  organized  in  this 
commonwealth  or  elsewhere,  the  value  of  its  real  estate,  machinery  and 
poles,  underground  conduits,  wires  and  pipes,  subject  to  local  taxation 
within  the  commonwealth. 

Third.  In  case  of  corporations  subject  to  the  requirements  of  the 
preceding  section  other  than  railroad,  telegraph,  telephone  or  street 
railway  companies,  whether  chartered  or  organized  in  this  common- 
wealth or  elsewhere,  the  value  as  found  by  the  tax  commissioner  of  their 


236 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES. 


R.  L.  14,  §  39, 
amended. 

See  1909,  490, 
Part  III,  §  42. 

Corporation 
to  appeal  from 
local  valuation, 
when. 


R.  L.  14,  §  42. 
amended. 
See  1909,  490, 
Part  III,  §  45. 

Remedy  of 
corporation 
when  assessor's 
valuation  of 
real  estate 
exceeds  tax 
commis- 
sioner's. 


real  estate,  machinery  and  poles,  underground  conduits,  wires  and  pipes, 
subject  to  local  taxation  wherever  situated. 

For  the  purposes  of  this  section,  the  tax  commissioner  may  take  the 
value  at  which  such  real  estate,  machinery  and  poles,  underground  con- 
duits, wires  and  pipes  are  assessed  at  the  place  where  they  are  located 
as  the  true  value,  but  such  local  assessment  shall  not  be  conclusive  of 
the  true  value  thereof. 

SECTION  3.  Section  thirty-nine  of  said  chapter  fourteen,  as  amended 
by  section  four  of  said  chapter  three  hundred  and  forty-two,  is  hereby 
further  amended  by  inserting  before  the  word  "underground",  in  the 
third  line,  the  word :  —  poles,  —  so  as  to  read  as  follows :  —  Section  39. 
The  tax  commissioner  may  require  a  corporation  to  prosecute  an  appeal 
from  the  valuation  of  its  real  estate,  machinery  or  poles,  underground 
conduits,  wires  and  pipes  by  the  assessors  of  a  city  or  town,  either  to 
the  county  commissioners  or  to  the  superior  court,  whose  decision  shall 
be  conclusive  upon  the  question  of  value.  Upon  such  appeal  the  tax 
commissioner  may  be  heard,  and  in  the  superior  court  costs  may  be 
awarded  as  justice  requires. 

SECTION  4.  Section  forty-two  of  said  chapter  fourteen,  as  amended 
by  section  five  of  said  chapter  three  hundred  and  forty-two,  is  hereby 
further  amended  by  inserting  before  the  word  "underground",  in  the 
second  line,  the  word :  —  poles,  —  so  as  to  read  as  follows :  —  Section 
Jf2.  If  the  value  of  the  real  estate,  machinery  and  poles,  underground 
conduits,  wires  and  pipes  of  a  corporation  subject  to  local  taxation 
within  the  commonwealth,  as  determined  by  the  tax  commissioner,  is 
less  than  the  value  thereof  as  determined  by  the  assessors  of  the  place 
where  it  is  situated,  he  shall  give  notice  of  his  determination  to  such 
corporation;  and,  unless  within  one  month  after  the  date  of  such  notice 
it  applies  to  said  assessors  for  an  abatement  and,  upon  their  refusal  to 
grant  an  abatement,  prosecutes  an  appeal  under  the  provisions  of  sec- 
tion seventy-seven  of  chapter  twelve,  giving  notice  thereof  to  the  tax 
commissioner,  the  valuation  of  said  commissioner  shall  be  conclusive 
upon  said  corporation. 

SECTION  5.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  24,  1909.] 


1909,  490, 
Part  III,  §  40, 
cl.  3,  amended. 
[Seep.  Ut5.\ 


Company's 
appeal  from 
local  valua- 
tion. 

1865,  283,  §  6. 
P.  S.  13,  §  41. 
1890,  127,  §  7. 
1898,  417. 
R.  L.  14,  |  39. 


LIST   OP   SHAREHOLDERS  TO  BE   FURNISHED. 
Acts  of  1912,  Chapter  124. 

An  Act  relative  to  Returns  of  Street  Railway  Companies  filed  in  the  Office 
of  the  Tax  Commissioner. 

Clause  Third  of  section  forty  of  Part  III  of  chapter  four  hundred  and 
ninety  of  the  acts  of  the  year  nineteen  hundred  and  nine  is  hereby  amended 
by  striking  out  the  words  "except  as  to  street  railway  companies",  in  the 
first  line,  so  that  the  first  paragraph  of  the  said  clause  will  read  as  follows: 
—  Third.  And  a  complete  list  of  the  shareholders  of  the  corporation, 
their  residences,  and  the  amount  and  class  of  stock,  if  more  than  one, 
belonging  to  each.  If  stock  is  held  as  collateral  security,  the  list  shall 
state  the  name  and  residence  of  the  pledger  and  of  the  pledgee.  [Approved 
February  20,  1912. 

SECTION  127.  The  tax  commissioner  may  require  the  com- 
pany to  prosecute  an  appeal  from  the  valuation  of  its  real  estate 
or  machinery  by  the  assessors  of  a  city  or  town,  either  to  the 
county  commissioners  or  to  the  superior  court,  whose  decision 
shall  be  conclusive  upon  the  question  of  value.  Upon  such 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


237 


157  Mass 


527. 

569. 

80. 

561. 

408. 

70. 

522. 


appeal  the  tax  commissioner  may  be  heard,  and  in  the  superior  |e«ifl^*f0> 

i  11**  •  GiOf  1909y  ^39) 

court  costs  may  be  awarded  as  justice  requires.  $i;  490,  Part 

SECTION  128.     Every  street  railway  company  subject  to  the  ^  t§0§bf  pdd 
provisions  of  section  one  hundred  and  twenty-five  shall  annually  °r"  ™£fs(erate 
pay  a  tax  upon  its  corporate  franchise,  after  making  the  deduc-  Rate,  how  de- 

.  .  ,  |     ,    »         .  .  iii  i  •  termined. 

tions  provided  tor  in  section  one  hundred  and  twenty-six,  at  a  1864,  208,  §  s. 
rate  equal  to  the  average  of  the  annual  rates  for  the  three  years  i88olii7i§2! 
preceding  the  year  in  which  the  assessment  is  laid,  the  annual  is  Is,  238?  §  °i. 
rate  to  be  determined  by  an  apportionment  of  the  whole  amount  Jff  f  •  ^  §  24 
of  money  to  be  raised  by  taxation  upon  property  in  the  com-  R9L'll7'§4o 
mon  wealth  during  the  same  year  as  returned  by  the  assessors  12  Alien,'  75, 
of  the  several  cities  and  towns  under  the  provisions  of  section  98  Mass.  19,  25. 
ninety-three  of  chapter  twelve  of  the  Revised  Laws  and  amend-  ?Ii.  a! 
ments  thereof  upon  the  aggregate  valuation  of  all  cities  and  towns  135  Mass 
for  the  preceding  year  as  returned  under  sections  sixty  and  sixty- 
one  of  said  chapter  and  amendments  thereof;  but  if  the  return 

.,,.',  . 

trom  any  city  or  town  is  not  received  [prior  to  the  twentieth  i67Mass 

j?i  L    I  JL       £     A     Tit       J  i     A  ^   6  Wallace,  632. 

day  or]  on  or  before  the  first  Monday  of  August,  the  amount  ITS  u.  s.  120. 
raised  by  taxation  in  said  city  or  town  for  the  preceding  year,  'fas.^M^k] 
as  certified  to  the  [secretary  of  the  commonwealth]   tax  com-  f^d/^\  2. 
missioner  may  be  adopted  for  the  purpose  of  this  determina-  ^^0^439 
tion.     The  amount  of  tax  assessed  upon  polls  for  the  preceding  i1;'4R& 
year,  as  certified  to  [said  secretary,]  the  tax  commissioner  may  §§ss-5/'. 
be  taken  as  the  amount  of  poll  tax  to  be  deducted  from  the 
whole  amount  to  be  raised  by  taxation,   in  ascertaining  the 
amount  to  be  raised  upon  property. 

Acts  of  1909,  Chapter  513,  §  2. 

SECTION  2.  Section  one  hundred  and  twenty-eight  of  Part  III  of  said  190GtTlT3'. 
chapter  four  hundred  and  sixty-three  is  hereby  amended  by  inserting  amended. 
after  the  word  "rate",  in  the  fifth  line,  the  words:  —  equal  to  the  aver- 
age of  the  annual  rates  for  the  three  years  preceding  the  year  in  which 
the  assessment  is  laid,  the  annual  rate  to  be,  —  by  inserting  after  the 
word  "Laws",  in  the  tenth  line,  the  words:  —  and  amendments  thereof, 
—  by  inserting  after  the  word  "chapter",  in  the  twelfth  line,  the  words: 
—  and  amendments  thereof,  —  by  striking  out  the  words  "prior  to  the 
twentieth  day  of",  in  the  thirteenth  and  fourteenth  lines,  and  inserting 
in  place  thereof  the  words  :  —  on  or  before  the  first  Monday  of,  —  by 
striking  out  the  words  "secretary  of  the  commonwealth",  in  the  sixteenth 
line,  and  inserting  in  place  thereof  the  words:  —  tax  commissioner,  — 
and  by  striking  out  the  words  "said  secretary",  in  the  nineteenth  line, 
and  inserting  in  place  thereof  the  words  :  —  the  tax  commissioner,  —  so 
as  to  read  as  follows:  —  Section  128.  [For  §  128  as  amended,  see  above.] 

SECTION  129.     If  the  value  of  the  real  estate  and  machinery  Remedy  of 
of  a  street  railway  company  subject  to  local  taxation  within  the  wh^nTsseas- 
commonwealth,  as  determined  by  the  tax  commissioner,  is  less  ofrelfeTta'te11 
than  the  value  thereof  as  determined  by  the  assessors  of  the  exceeds  tax 

i  i  •••  j     "L         i      1  1        •  •  t>  commis- 

place  where  it  is  situated,  he  shall  give  notice  of  his  determina-  sioner's. 
tion  to  such  company;  and,  unless  within  one  month  after  the  FuMfM?.' 
date  of  such  notice  it  applies  to  said  assessors  for  an  abate-  R89®'.  H!'§  42. 
ment,  and,  upon  their  refusal  to  grant  an  abatement,  prosecutes  HI  Mass!  Sos. 


238 


PART   III.  —  OF   STREET   RAILWAY    COMPANIES. 


152  Mass.  384. 
167  Mass.  522. 
[For  R.  L.  12, 
§  77,  see  page 
143.} 

See  1908,  S30, 
615;  1909,  439, 
§  1;  490,  Part 
III,  §139-51. 
1912,  695. 


Additional 
corporate 
franchise  tax. 
1898,  417;  578, 

R.  L.  14,  §  41. 

Amended, 
1909,  602,  §  4. 
See  1908,  820, 
615;  1909,  439, 
§  1;  490,  Part 
III,  §§  39-51. 


an  appeal  under  the  provisions  of  section  seventy-seven  of 
chapter  twelve  of  the  Revised  Laws,  giving  notice  thereof  to 
the  tax  commissioner,  the  valuation  of  said  commissioner  shall 
be  conclusive  upon  said  company. 

B.     Additional  Corporate  Franchise  Tax. 

SECTION  130.  If  an  operating  street  railway  company,  in- 
cluding a  company  whose  lines  are  located  partly  within  and 
partly  without  the  limits  of  the  commonwealth,  whether  char- 
tered or  organized  under  the  laws  of  this  commonwealth  or  else- 
where, has  paid  during  the  nine  months  ending  on  the  thirtieth 
day  of  June  in  the  year  nineteen  hundred  and  ten  or  during  the 
year  ending  on  the  thirtieth  day  of  [September]  June  in  the 
year  nineteen  hundred  and  eleven  or  in  any  subsequent  year  pre- 
ceding the  date  of  the  return  required  by  section  one  hundred 
and  twenty-five  dividends  exceeding  in  the  aggregate  eight  per 
cent  upon  its  capital  stock,  it  shall  for  every  such  year,  in 
addition  to  the  tax  required  by  section  one  hundred  and 
twenty-eight,  pay  a  tax  equal  to  the  amount  of  such  excess  to 
be  determined  as  therein  provided  by  the  tax  commissioner; 
but  such  additional  tax  shall  not  be  imposed,  if,  from  the  date 
when  the  company  commenced  to  operate  its  railway,  it  has 
not  paid  dividends  equivalent  in  the  aggregate  to  at  least  six 
per  cent  per  annum  upon  its  capital  stock  from  year  to  year. 


Acts  of  1909,  Chapter  502,  §  4. 

1906, 463,  SECTION  4.    Section   one  hundred  and  thirty  of  Part  III   of  said 

amended.5  [30'  chapter  four  hundred  and  sixty-three  is  hereby  amended  by  inserting 
after  the  word  "during",  in  the  fifth  line,  the  words:  —  the  nine  months 
ending  on  the  thirtieth  day  of  June  in  the  year  nineteen  hundred  and  ten 
or  during,  —  and  by  striking  out  in  the  sixth  line,  the  word  "September", 
and  inserting  in  place  thereof  the  words:  —  June  in  the  year  nineteen 
hundred  and  eleven  or  in  any  subsequent  year,  —  so  that  said  section 
as  amended  will  read  as  follows:  —  Section  130.  [For  §  130  as  amended, 
see  above.] 

Acts  of  1909,  Chapter  490,  Part  III,  §§  44,  45,  46. 


Additional  tax 
on  street  rail- 
way and  elec- 
tric railroad 
companies. 
1898,417; 
578,  §  3. 
R.  L.  14,  §  41. 
1906,  463, 
Part  III.  §  130 
516,  §  18. 


ADDITIONAL  CORPORATE   FRANCHISE  TAX. 

SECTION  44.  If  an  operating  street  railway  or  electric  railroad  com- 
pany, including  a  company  whose  lines  are  located  partly  within  and 
partly  without  the  limits  of  the  commonwealth,  whether  chartered  or 
organized  under  the  laws  of  this  commonwealth  or  elsewhere,  has  paid 
during  the  year  ending  on  the  thirtieth  day  of  September  preceding  the 
date  of  the  return  required  by  section  forty  dividends  exceeding  in  the 
aggregate  eight  per  cent  upon  its  capital  stock,  it  shall  for  every  such 
year,  in  addition  to  the  tax  required  by  section  forty-three,  pay  a  tax 
equal  to  the  amount  of  such  excess  to  be  determined  as  therein  provided 
by  the  tax  commissioner;  but  such  aditional  tax  shall  not  be  imposed, 
if,  from  the  date  when  the  company  commenced  to  operate  its  railway 
or  railroad,  it  has  not  paid  dividends  equivalent  in  the  aggregate 
to  at  least  six  per  cent  per  annum  upon  its  capital  stock  from  year  to 
year. 


PART   III. OF   STREET   RAILWAY  COMPANIES.  239 

SECTION  45.    If  the  value  of  the  works,  structures,  real  estate,  ma-  Remedy  of 
chinery,  underground  conduits,  wires  and  pipes  of  a  corporation  subject  ^henTs^Sor's 
to  local  taxation  within  the  commonwealth,  as  determined  by  the  tax  valuation  of 
commissioner,  is  less  than  the  value  thereof  as  determined  by  the  assessors  exceeds  tax 
of  the  place  where  it  is  situated,  he  shall  give  notice  of  his  determination  skier's." 
to  such  corporation;    and,  unless  within  one  month  after  the  date  of  p86a ' ff 3i §  f- 
such  notice  it  applies  to  said  assessors  for  an  abatement,  and,  upon  their  1898,  417. 
refusal  to  grant  an  abatement,  prosecutes  an  appeal  under  the  provi-  Jg02J  342,Vf' 
sions  of  section  seventy-six  of  Part  I,  giving  notice  thereof  to  the  tax  1903. 437,  §  76. 
commissioner,  the  valuation  of  said  commissioner  shall  be  conclusive  upon  Part'n,  §'215, 
said  corporation.  FiTlVg.1 129: 

137  Mass.  81.  146  Mass.  403.  152  Mass.  384.  167  Mass.  522. 

SECTION  46.     When  the  tax  commissioner  has  received  notice  of  an  Additional  tax 
abatement  of  the  taxes  of  any  corporation  as  provided  in  section  eighty-  Up0n  corporate 
four  of  Part  I,  he  shall  assess  upon  such  corporation  an  additional  tax  ^flue^tc 
upon  the  corporate  franchise  value  of  such  corporation,  in  such  amount  1904/442,  §  2. 
as  shall  make  the  total  franchise  tax  equal  that  which  would  have  been 
assessed  by  said  commissioner  had  the  valuation  as  established  by  said 
abatement  been  adopted  by  him  when  making  his  original  assessment 
upon  the  corporate  franchise  value  of  such  corporation,  which  said  addi- 
tional tax  shall  be  paid  and  collected  as  an  addition  to  the  franchise  tax 
next  to  be  assessed  and  laid  upon  said  corporation  after  such  abatement, 
and  such  additional  tax,  when  collected,  shall  be  distributed  as  if  it  were 
part  of  said  original  tax. 

C.     Exemption  and  Apportionment. 

SECTION  131.     No  taxes  shall  be  assessed  in  a  city  or  town  Exemption 
for  state,  county  or  town  purposes,  upon  the  shares  in  the  cap-  taxation!1 
ital  stock  of  a  street  railway  company  for  any  year  for  which  it  n\ent.rtic 
pays  to  the  treasurer  and  receiver  general  a  tax  on  its  corporate  }|64>  208>  5§  8> 
franchise.     The  tax  collected  of  each  street  railway  company  i|i|- 1|3.  §  is. 
under  the  provisions  of  sections  one  hundred  and  twenty-eight  P.  s.' is,  §57. 
and  one  hundred  and  twenty-nine  shall  be  apportioned  among  isssUia',  §  23. 
the  several  cities  and  towns  in  proportion  to  the  length  of  tracks  §§  4/26.  '  * 
operated  by  such  company  in  said  cities  and  towns  respectively.  1901 1 4 11;  f  f: 
The  share  of  the  tax  paid  by  a  street  railway  company  in  re-  KbWal^seg. 
spect  of  its  tracks  upon  locations  granted  by  the  board  of  1/9  Mass.  559. 

.      .  i  ,        ~-,r  .       Amended, 

metropolitan  park  commissioners  or  by  the  Wacnusett  mountain  isis,  695. 

'         See  1908  220 

state  reservation  commission  or  by  the  Greylock  reservation  com-  eis;  1009, 
mission,  shall  be  apportioned  to  the  commonwealth  and  shall  Partiii, 
be  credited  by  the  treasurer  and  receiver  general  to  the  sinking  §§  39~51' 
fund  of  the  loan  to  which  the  expenditure  for  the  road,  boule- 
vard, park  or  reservation  in  which  the  tracks  are  located  was 
charged. 

SECTION  132.     The  tax  commissioner  shall,  subject  to  appeal  JSwto'cietw. 
to  the  board  of  appeal,  ascertain  and  determine  the  amount  due  ™ine  amounts 

i       . .  j  f  •   •  n   , ,  ,.  due  to  cities 

to  each  city  and  town  under  the  provisions  or  the  preceding  sec-  and  towns. 
tion,  notify  the  treasurer  of  each  city  and  town  thereof  and  P.  s.'  is,  §  58.  ' 
certify  the  amount  as  finally  determined,  to  the  treasurer  and  jt898- 578>  §§ 4- 
receiver  general,  who  shall  thereupon  pay  over  the  same.  R" L- 14>  §  62* 


240 


PART   III.  —  OF   STREET  RAILWAY   COMPANIES. 


1906,463, 


, 
5  '  '$1 


Acts  of  1912,  Chapter  695. 

An  Act  relative  to  the  Taxation  of  Street  Railway  Companies  in  Respect 
of  Tracks  upon  Locations  granted  by  the  Greylock  Reservation  Com- 
mission. 

SECTION  1.  Section  one  hundred  and  thirty-one  of  Part  III  of  chap- 
ter  four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six  is  hereby  amended  by  inserting  after  the  word  "commission", 
in  the  fourteenth  line,  the  words:  —  or  by  the  Greylock  reservation  com- 
mission, —  'SO  as  to  read  as  follows:  —  Section  131.  [For  §  131  as 
amended,  see  above.] 


Acts  of  1909,  Chapter  490,  Part  I,  §  23,  Clause  10,  as  amended  by  1913,  458. 

SECTION  23.    All  personal  estate,  within  or  without  the  common- 
wealth, shall  be  assessed  to  the  owner  in  the  city  or  town  in  which  he  is 


Assessment  of 
underground 
conduits,  etc. 

i932M34ss'  274'    an  mnakitant  on  the  first  day  of  May,  except  as  provided  in  Part  III  and 

1909,  490, 
Part  I,  §  23, 
cl.  10, 
amended 
by  1913,  458. 


in  the  following  clauses  of  this  section :  — • 

Tenth,  Underground  conduits,  wires  and  pipes  laid  in  public  streets, 
except  such  as  are  owned  by  a  street  railway  company,  and  poles,  under- 
ground conduits  and  pipes  together  with  the  wires  thereon  or  therein  laid  in 
or  erected  upon  private  property  or  in  a  railroad  location  by  any  corporation, 
except  such  poles,  underground  conduits,  wires  and  pipes  of  a  railroad  cor- 
poration laid  in  or  erected  upon  the  location  of  such  railroad,  and  except 
such  poles,  underground  conduits,  wires  and  pipes  laid  in  or  erected  upon 
any  right  of  way  owned  by  a  street  railway  company,  shall  be  assessed  to  the 
owners  thereof  in  the  cities  and  towns  in  which  they  are  laid  or  erected. 


Annual 

returns  to 

assessors. 

1898,  417;  578, 

§6. 

R.  L.  14,  §  43. 

207  Mass.  619, 

621. 

See  1908,  220, 

615;  1909, 

439,  §  1; 

490,  Part  III, 

§§  39-51* 


Excise  tax. 
1898,  417;  578, 
§7. 

R.  L.  14,  §  44. 
£07  Mass.  619. 
See  1908,  220, 
615;  1909,  439, 
§  1;  490,  Part 
III,  §§  39-51. 


D.     Commutation  Tax. 

SECTION  133.  A  street  railway  company,  including  a  com- 
pany whose  lines  are  located  partly  within  and  partly  without 
the  limits  of  the  commonwealth,  whether  chartered  or  organized 
under  the  laws  of  this  commonwealth  or  elsewhere,  shall  annu- 
ally, on  or  before  the  fifteenth  day  of  October,  make  and  file  in 
the  office  of  the  board  of  assessors  of  every  city  and  town  in 
which  any  part  of  the  railway  operated  by  it  is  situated  a  re- 
turn signed  and  sworn  to  by  its  president  and  treasurer,  stating 
the  length  of  track  operated  by  it  in  public  wrays  and  places  in 
such  city  or  town,  and  also  the  total  length  of  track  operated 
by  it  in  public  ways  and  places,  determined  as  provided  in 
section  one  hundred  and  twenty-five,  and  also  the  amount 
of  its  gross  receipts  during  the  year  ending  on  the  preceding 
thirtieth  day  of  September,  including  therein  all  amounts 
received  by  it  from  the  operation  of  its  railway,  but  excluding 
income  derived  from  sale  of  power,  rental  of  tracks  or  other 
sources. 

SECTION  134.  On  or  before  the  first  day  of  November  annu- 
ally, the  assessors  of  every  city  and  town  in  which  a  street  rail- 
way is  operated,  including  a  company  whose  lines  are  located 
partly  within  and  partly  without  the  limits  of  the  common- 
wealth, whether  chartered  or  organized  under  the  laws  of  this 
commonwealth  or  elsewhere,  shall  assess  on  each  company  de- 
scribed in  the  preceding  section  operating  a  railway  therein  an 


PART  III.  —  OF  STREET  RAILWAY   COMPANIES.  241 

excise  tax  of  an  amount  equal  to  such  proportion  of  the  follow- 
ing percentages  of  the  gross  receipts  of  such  company  as  the 
length  of  tracks  operated  by  it  in  public  ways  and  places  of 
such  city  or  town  bears  to  the  total  length  of  tracks  operated 
by  it  in  public  ways  and  places. 

The  percentages  shall  be  based  upon  the  annual  gross  receipts 
for  each  mile  of  track  as  follows  and  computed  upon  the  aggre- 
gate of  said  annual  gross  receipts:  four  thousand  dollars  or  less, 
one  per  cent;  more  than  four  thousand  dollars  and  less  than 
seven  thousand,  two  per  cent;  more  than  seven  thousand  dol- 
lars and  less  than  fourteen  thousand,  two  and  one  quarter  per 
cent;  more  than  fourteen  thousand  dollars  and  less  than 
twenty-one  thousand,  two  and  one  half  per  cent;  more  than 
twenty-one  thousand  dollars  and  less  than  twenty-eight  thou- 
sand, two  and  three  quarters  per  cent;  twenty-eight  thousand 
dollars  or  more,  three  per  cent. 

The  excise  tax  provided  by  this  section  shall  be  in  addition 
to  the  taxes  otherwise  provided  by  law. 

SECTION  135.  The  aldermen  of  a  city,  the  selectmen  of  a  Revision  of 
town  or  a  street  railway  company  operating  in  such  city  or  town  ill's.  578,  §  s. 
may  petition  the  board  of  railroad  commissioners  for  a  revision  gd^M^su. 
of  the  amount  of  the  excise  tax  to  be  paid  by  a  company  under  6*1^09*439, 
the  provisions  of  the  preceding  section.  Said  board  shall,  upon  |7y  s 
such  petition,  after  public  notice  and  a  hearing  at  which  said 
aldermen  or  selectmen  and  said  company  may  submit  evidence, 
determine  the  average  annual  cost  to  said  city  or  town  of  the 
work  done  by  it  during  the  preceding  three  years  under  the  pro- 
visions of  this  act  which  it  was  not  by  law  required  to  do  prior 
to  the  first  day  of  October  in  the  year  eighteen  hundred  and 
ninety-eight,  and  also  the  average  annual  payments  made  by 
said  company  to  said  city  or  town  under  and  pursuant  to  the 
provisions  of  the  preceding  section  during  said  three  years;  and 
having  determined  said  average  annual  cost  and  average  annual 
payments,  said  board  shall  fix  and  determine  the  proportion  of 
a  percentage  of  the  gross  receipts  which  shall  be  paid  as  an 
excise  tax  under  the  provisions  of  said  section  by  the  company 
to  said  city  or  town  annually  thereafter,  said  percentage  to  be 
fixed  at  such  a  rate  as  will  be  necessary  to  yield  to  said  city  or 
town  annually  thereafter  an  amount  equal  to  the  average  annual 
cost  to  said  city  or  town  determined  as  aforesaid;  and  the  per- 
centage so  fixed  shall  not  be  again  changed  for  the  period  of 
three  years  and  only  in  the  manner  herein  provided.  Said 
board  may  at  any  time  upon  petition  therefor  by  a  city  or  town 
entitled  to  a  part  of  the  excise  tax  paid  by  a  street  railway 
company,  after  such  notice  as  the  board  may  order  to  all 
other  cities  and  towns  entitled  to  share  in  the  excise  tax  paid 
by  said  company,  and  after  a  hearing,  determine  as  to  the  dis- 
tribution thereof  among  the  several  cities  and  towns  in  which 
such  company  operated  any  part  of  its  railway,  and  fix  the 
proportions  thereof  to  which  they  shall  respectively  be  entitled, 
which  shall  thereafter  be  the  proportions  of  said  excise  tax  to 


242 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


Notice  to  tax 
collector  of 
amount  of 
excise  tax. 
1898,  578,  §  9. 
R.  L.  14,  §  46. 
See  1908,  220, 
615;  1909,  439, 
§  1;  490,  Part 
III,  §§39-51. 


Returns  of 
street  railway 
and  electric 
railroad  com- 
panies to  as- 
sessors. 

1898,  417;  578, 
§6. 

R.  L.  14,  §  43. 
1906,  463, 
Part  III,  §  133 
516,  §  22. 

181  Mass.  205. 

182  Mass.  41, 
49. 

184  Mass.  294. 
187  Mass.  352. 
190  Mass.  123. 
196  U.  S.  539. 
201  Mass.  520. 
Amended  by 
1912,  457,  §  2. 


Excise  tax. 
1898,  417;  578, 
§7. 

R.  L.  14,  §  44. 
1906,  463, 
Part  III, 
§  134;  516, 
§23. 

181  Mass.  205. 

182  Mass.  41, 
49. 

184  Mass.  294. 
187  Mass.  352. 
190  Mass.  123. 
196  U.  S.  539. 
207  Mass.  517, 
620. 


be  assessed  upon  said  company,  instead  of  the  proportion  based 
upon  length  of  tracks  as  hereinbefore  provided. 

SECTION  136.  Prior  to  the  fifteenth  day  of  November  in 
each  year,  the  assessors  of  every  city  and  town  shall  notify  the 
collector  of  taxes  thereof  of  the  amount  of  excise  tax  assessed 
therein  under  the  provisions  of  section  one  hundred  and  thirty- 
four,  and  the  collector  shall  forthwith  notify  the  treasurer  of 
every  street  railway  company  of  the  amount  of  excise  tax  so 
assessed  upon  it,  which  shall  become  due  and  payable  within 
thirty  days  after  the  receipt  of  such  notice.  The  provisions  of 
chapter  thirteen  of  the  Revised  Laws,  so  far  as  appropriate, 
shall  apply  to  the  collection  of  such  excise  tax. 

Acts  of  1909,  Chapter  490,  Part  III,  §§  47-50. 
COMMUTATION  TAX. 

SECTION  47.  A  street  railway  or  an  electric  railroad  company,  includ- 
ing a  company  whose  lines  are  located  partly  within  and  partly  without 
the  limits  of  the  commonwealth,  whether  chartered  or  organized  under  the 
laws  of  this  commonwealth  or  elsewhere,  shall  annually,  on  or  before 
the  fifteenth  day  of  October,  make  and  file  in  the  office  of  the  board  of 
assessors  of  every  city  and  town  in  which  any  part  of  the  railway  or  rail- 
road operated  by  it  is  situated  a  return  signed  and  sworn  to  by  its  presi- 
dent and  treasurer,  stating,  as  of  the  thirtieth  day  of  September  preceding 
the  return,  in  the  case  of  a  street  railway  company,  the  length  of  track 
operated  by  it  in  public  ways  and  places  in  such  city  or  town,  and  also 
the  total  length  of  track  operated  by  it  in  public  ways  and  places,  and  in 
the  case  of  an  electric  railroad  company  stating  the  length  of  track  oper- 
ated by  it  longitudinally  upon  public  ways  and  places  in  such  city  or 
town,  and  also  the  total  length  of  track  operated  by  it,  determined  as 
provided  in  section  forty,  and  also  the  amount  of  its  gross  receipts  during 
the  year  ending  on  the  preceding  thirtieth  day  of  September,  including 
therein  all  amounts  received  by  it  from  the  operation  of  its  railway  or 
railroad,  but  excluding  income  derived  from  the  sale  of  power,  rental  of 
tracks  or  other  sources. 

SECTION  48.  On  or  before  the  first  day  of  November  annually,  the 
assessors  of  every  city  and  town  in  which  a  street  railway  or  an  electric 
railroad  is  operated,  including  a  company  whose  lines  are  located  partly 
within  and  partly  without  the  limits  of  the  commonwealth,  whether  char- 
tered or  organized  under  the  laws  of  this  commonwealth  or  elsewhere, 
shall  assess  on  each  company  described  in  the  preceding  section  operating 
a  railway  or  railroad  therein  an  excise  tax  of  an  amount  equal  to  such  pro- 
portion of  the  following  percentages  of  the  gross  receipts  of  such  com- 
pany as,  in  the  case  of  a  street  railway  company,  the  length  of  tracks 
operated  by  it  in  public  ways  and  places  of  such  city  or  town  bears  to  the 
total  length  of  tracks  operated  by  it  in  public  ways  and  places,  and  in 
the  case  of  an  electric  railroad  company  as  the  length  of  tracks  operated 
by  it  longitudinally  in  public  ways  and  places  of  such  city  or  town  bears 
to  the  total  length  of  tracks  operated  by  it. 

The  percentages  shall  be  based  upon  the  annual  gross  receipts  for  each 
mile  of  track  as  follows,  and  computed  upon  the  aggregate  of  said  an- 
nual gross  receipts:  four  thousand  dollars  or  less,  one  per  cent;  more  than 
four  thousand  dollars  and  less  than  seven  thousand,  two  per  cent;  more 
than  seven  thousand  dollars  and  less  than  fourteen  thousand,  two  and 
one  quarter  per  cent;  more  than  fourteen  thousand  dollars  and  less  than 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  243 

twenty-one  thousand,  two  and  one  half  per  cent;  more  than  twenty-one 
thousand  dollars  and  less  than  twenty-eight  thousand,  two  and  three 
quarters  per  cent;  twenty-eight  thousand  dollars  or  more,  three  per  cent. 

The  excise  tax  provided  by  this  section  shall  be  in  addition  to  the  taxes 
otherwise  provided  by  law. 

SECTION  49.  The  aldermen  of  a  city,  the  selectmen  of  a  town,  or  a  Revision  of 
street  railway  or  an  electric  railroad  company  operating  in  such  city  or  j||'8i  578i  5  8 
town  may  petition  the  board  of  railroad  commissioners  for  a  revision  of  ^L-  14^  §  45. 
the  amount  of  the  excise  tax  to  be  paid  by  a  company  under  the  provi-  Part 'in,  §  135; 
sions  of  the  preceding  section.  Said  board  shall,  upon  such  petition,  ig^Mfaa.  296. 
after  public  notice  and  a  hearing  at  which  said  aldermen  or  selectmen  and  207  Mass- 6SO- 
said  company  may  submit  evidence,  determine  the  average  annual  cost 
to  said  city  or  town  of  the  work  done  by  it  during  the  preceding  three 
years  under  the  provisions  of  chapter  four  hundred  and  sixty-three  of  the 
acts  of  the  year  nineteen  hundred  and  six,  which  it  was  not  by  law  re- 
quired to  do  prior  to  the  first  day  of  October  in  the  year  eighteen  hundred 
and  ninety-eight,  and  also  the  average  annual  payment  made  by  said 
company  to  said  city  or  town  under  and  pursuant  to  the  provisions  of 
the  preceding  section  during  said  three  years;  and  having  determined 
said  average  annual  cost  and  average  annual  payments,  said  board  shall 
fix  and  determine  the  proportion  of  a  percentage  of  the  gross  receipts 
which  shall  be  paid  as  an  excise  tax  under  the  provisions  of  said  section 
by  the  company  to  said  city  or  town  annually  thereafter,  said  percentage 
to  be  fixed  at  such  a  rate  as  will  be  necessary  to  yield  to  said  city  or  town 
annually  thereafter  an  amount  equal  to  the  average  annual  cost  to  said 
city  or  town  determined  as  aforesaid;  and  the  percentage  so  fixed  shall 
not  again  be  changed  for  the  period  of  three  years,  and  then  only  in  the 
manner  herein  provided.  Said  board  may  at  any  time  upon  petition 
therefor  by  a  city  or  town  entitled  to  a  part  of  the  excise  tax  paid  by  a 
street  railway  or  an  electric  railroad  company,  after  such  notice  as  the 
board  may  order  to  all  other  cities  and  towns  entitled  to  share  in  the 
excise  tax  paid  by  said  company,  and  after  a  hearing,  determine  as  to  the 
distribution  thereof  among  the  several  cities  and  towns  in  which  such 
company  operates  any  part  of  its  railway  or  railroad,  and  fix  the  propor- 
tions thereof  to  which  they  shall  respectively  be  entitled,  which  shall 
thereafter  be  the  proportions  of  said  excise  tax  to  be  assessed  upon  said 
company,  instead  of  the  proportion  based  upon  length  of  tracks  as  here- 
inbefore provided. 

SECTION  50.    Prior  to  the  fifteenth  day  of  November  in  each  year  the  Notice  to  tax 
assessors  of  every  city  and  town  shall  notify  the  collector  of  taxes  thereof  j^ountof* 
of  the  amount  of  excise  tax  assessed  therein  under  the  provisions  of  sec-  excise  tax. 

1898   578   5  Q 

tion  forty-eight,  and  the  collector  shall  forthwith  notify  the  treasurer  of  R.  L!  14,  |4& 
each  street  railway  and  electric  railroad  company  of  the  amount  of  excise  part'm^s  ise- 
tax  so  assessed  upon  it,  which  shall  become  due  and  payable  within  thirty  516,  §  25. 
days  after  the  receipt  of  such  notice.     The  provisions  of  Part  II,  so  far  ^or  Mall'.  520. 
as  appropriate,  shall  apply  to  the  collection  of  such  excise  tax. 

E.     Application  of  Taxes. 

SECTION  137.     All  taxes  which  are  collected  from  a  street  ££escation  °f 
railway  company  and  paid  to  a  city  or  town  under  the  pro-  i898,'578,  §  10. 
visions  of  the  preceding  section,  of  section  one  hundred  and  267  Mass.  526. 
thirty-two,  and  of  section  twenty-eight  of  chapter  five  hundred  615,^909^439, 
and  seventy-eight  of  the  acts  of  the  year  eighteen  hundred  and  Palt^iii, 
ninety-eight  shall  be  applied  toward  the  repair  and  maintenance  §§  S9~51- 


244 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES. 


Amended  by 
1907,  318; 
1909,  490, 
Part  III,  §  SI. 


1906,  463, 
amended, 
Application  of 
taxes. 


Application  of 

taxes. 

1898,  578,  §  10. 

R.  L.  14,  §  47. 

1906,  463, 
Part  III,  §  137; 
516,  §  26. 

1907,  318. 

181  Mass.  205. 

182  Mass.  41. 
184  Mass.  294. 
190  Mass.  123. 
207  Mass.  680. 


[of  the  portions  of  the  public  ways  and  places  in  which  the 
tracks  of  such  company  are  located,  and  to  the  removal  of  snow 
from  such  public  ways  and  places  within  such  city  or  town.]  of 
the  public  ways  and  the  removal  of  snow  therefrom  within  such 
city  or  town. 

Acts  of  1907,  Chapter  318. 

An  Act  relative  to  the  Removal  of  Snow  by  Street  Railway  Companies  and 
to  the  Application  of  Taxes  received  from  Such  Companies. 

SECTION  1.  Section  one  hundred  and  thirty-seven  of  Part  III  of  chap- 
ter four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six  is  hereby  amended  by  striking  out  all  after  the  word  "mainte- 
nance", in  the  seventh  line,  and  inserting  in  place  thereof  the  words:  — 
of  the  public  ways  and  removal  of  snow  therefrom  within  such  city  or 
town,  —  so  as  to  read  as  follows:  —  Section  137.  All  taxes  which  are 
collected  from  a  street  railway  company  and  paid  to  a  city  or  town  under 
the  provisions  of  the  preceding  section,  of  section  one  hundred  and  thirty- 
two,  and  of  section  twenty-eight  of  chapter  five  hundred  and  seventy- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight,  shall  be 
applied  toward  the  repair  and  maintenance  of  the  public  ways  and  the 
removal  of  snow  therefrom  within  such  city  or  town. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  22,  1907. 

Acts  of  1909,  Chapter  490,  Part  III,  §  51. 

SECTION  51.  All  taxes  which  are  collected  from  a  street  railway  or  an 
electric  railroad  company  and  paid  to  a  city  or  town  under  the  provisions 
of  the  preceding  section,  of  section  sixty-five,  and  of  section  twenty-eight 
of  chapter  five  hundred  and  seventy-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-eight,  shall  be  applied  in  the  case  of  street  railway 
companies  toward  the  repair  and  maintenance  of  the  public  ways  and 
the  removal  of  snow  therefrom  within  such  city  or  town,  and  in  the  case 
of  electric  railroad  companies  shall  be  applied  toward  the  construction, 
repair  and  maintenance  of  the  public  ways  and  places  in  which  the  tracks 
of  such  company  are  located,  and  to  the  removal  of  snow  from  such  public 
ways  and  places  within  such  cities  and  towns. 


Dissolution. 

1852,  55,  §§  1, 

3. 

G.  S.  68,  §  35. 

P.  S.  105,  §  40. 

R.  L.  109,  §  52. 

7  Gray,  119, 

393. 

9  Gray,  34. 

13  Allen,  497. 

99  Mass.  267. 

119  Mass.  447. 


Continuation 
for  three  years 
to  close  con- 
cerns. 
1819,  43. 
R.  S.  44,  § 
G.  S.  68,  § 
P.  S.  105, 
R.  L.  109, 
16  Mass.  245. 

22  Pick.  180. 

23  Pick.  345. 
123  Mass.  32. 
161  Mass.  443. 
See  1910,  187. 


7. 
36. 
§  41. 
53. 


DISSOLUTION. 

SECTION  138.  If  a  majority  in  interest  of  the  stockholders 
of  a  street  railway  company  desire  to  close  its  affairs,  they  may 
file  a  petition  therefor  in  the  supreme  judicial  court  or  the 
superior  court,  setting  forth  in  substance  the  grounds  of  their 
application,  and  the  court,  after  notice  to  parties  interested  and 
a  hearing,  may  decree  a  dissolution  of  said  company.  A  com- 
pany so  dissolved  shall  be  held  to  be  extinct  in  all  respects  as 
if  its  corporate  existence  had  expired  by  its  own  limitation. 

SECTION  139.  Every  street  railway  company  whose  charter 
expires  by  its  own  limitation  or  is  annulled  by  forfeiture  or 
otherwise,  or  whose  corporate  existence  for  other  purposes  is 
terminated  in  any  other  manner,  shall  nevertheless  be  continued 
as  a  body  corporate  for  three  years  after  the  time  when  it  would 
have  been  so  dissolved,  for  the  purpose  of  prosecuting  and  de- 
fending suits  by  or  against  it,  and  of  enabling  it  gradually  to 
settle  and  close  its  affairs,  to  dispose  of  and  convey  its  prop- 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES.  245 

erty,  and  to  divide  its  capital  stock,  but  not  for  the  purpose  of 
continuing  the  business  for  which  it  was  established. 

SECTION  140.     If  the  charter  of  a  street  railway  company  Receivers. 
expires  or  is  annulled,  or  if  the  company  is  dissolved  as  pro-  R.  s!  44,  '§§  8. 
vided  in  section  one  hundred  and  thirty-eight,  or  if  its  corporate  9i»52, 55,  §  2. 
existence  for  other  purposes  is  terminated  in  any  other  man-  ^  s- 68- §§ 37- 
ner,   the  supreme  judicial  court  or  the  superior  court,   upon  ^^ ^3' 
application  of  a  creditor  or  stockholder,  shall  have  jurisdiction  i^,  203. 
in  equity  to  appoint  one  or  more  receivers  to  take  charge  of  its  157  Mass!  si. 
estate  and  effects,  and  to  collect  the  debts  and  property  due  and 
belonging  to  it;  with  power  to  prosecute  and  defend  suits  in  its 
name  or  otherwise,  to  appoint  agents  under  them,  and  to  do  all 
other  acts  which  might  be  done  by  such  company,  if  in  being, 
which  may  be  necessary  for  the  final  settlement  of  its  unfin- 
ished business.     The  powers  of  such  receivers  may  be  continued 
as  long  as  the  court  finds  necessary  for  said  purposes. 

SECTION  141.     The  receivers  shall  pay  all  debts  due  from  the  —to  pay  debts 
company,  if  the  funds  in  their  hands  are  sufficient  therefor;  surplus. 
and  if  they  are  not,  they  shall  distribute  them  ratably  among  R83!.'  44? §  10. 
the  creditors  who  prove  their  debts  in  the  manner  directed  by  G85f;  II'  f  fg. 
any  decree  of  the  court  for  that  purpose.     If  there  is  a  balance  ^  £'  Jog'  §  55' 
remaining  after  the  payment  of  the  debts,  the  receivers  shall  l  Gr&y>  3%2- 
distribute  and  pay  it  to  those  who  are  justly  entitled  thereto  as 
having  been  stockholders  of  the  company,  or  their  legal  repre- 
sentatives. 

SECTION  142.  If  a  petition,  signed  and  sworn  to  by  a  ma-  surrender  of 
jority  in  interest  of  the  stockholders  of  a  street  railway  com-  hicoVo^tion. 
pany  organized  under  the  general  laws,  has,  with  the  certificate  R898;  109,  §  55. 
of  incorporation,  been  filed  in  the  office  of  the  secretary  of  the 
commonwealth,  stating  that  such  stockholders  desire  to  sur- 
render the  certificate  of  incorporation  and  to  have  the  company 
dissolved  and  giving  their  reasons  therefor,  the  secretary,  if  he 
consider  such  reasons  sufficient,  shall  require  the  petitioners  to 
publish  a  notice  in  one  or  more  newspapers  in  the  county  in 
which  the  principal  office  of  the  company  is  located,  that,  for 
reasons  which  appear  to  him  to  be  sufficient,  the  certificate  of 
incorporation  of  the  company  therein  named  is  annulled.  Upon 
the  filing  by  the  petitioner  with  the  secretary  of  a  copy  of  each 
newspaper  in  which  the  notice  of  dissolution  was  ordered  to  be 
published,  the  company  shall  be  dissolved,  subject  to  the  provi- 
sions of  the  three  preceding  sections. 

SECTION  143.     If  a  street  railway  company  is  dissolved,  the  Returns  to 
clerk  of  the  court  in  which  the  decree  for  dissolution  is  entered  therco1nmon- 
shall  forthwith  make  return  thereof  to  the  secretary  of  the  com-  dissolution. 
mon wealth,  giving  the  name  of  the  company  dissolved,  and  the  p88g-  \%*5- « 45 
date  upon  which  such  decree  was  entered.  R-  L- 109-  §  57. 

SALE   BY   RECEIVERS. 

SECTION  144.  A  receiver  of  the  property  of  a  street  railway  Sale  of  railway 
company  may,  by  order  of  the  court,  sell  and  transfer  the  rail-  i9oo,C38i!r§§  i, 
way  and  property  of  such  company,  its  locations  and  franchises,  R'.6L.  112,  §  12. 


246 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


191  Mass.  525,  on  such  terms  and  in  such  manner  as  the  court  may  order.  The 
209 Mass.  214.  purchasers  from  such  receiver,  and  a  company  organized  under 
the  provisions  of  the  following  section,  if  such  railway  has  been 
transferred  to  it,  shall  hold  and  possess  said  railway,  all  its 
rights  and  franchises  and  all  property  acquired  in  connection 
therewith,  with  the  same  rights  and  privileges  and  subject  to 
the  same  duties  and  liabilities  as  the  original  street  railway 
company;  but  no  action  shall  be  brought  against  such  pur- 
chasers or  such  new  company,  to  enforce  any  liability  incurred 
by  said  original  company,  except  debts  and  liabilities  owing 
from  said  original  company  to  any  city  or  town  within  which 
the  railway  is  operated  and  taxes  and  assessments  for  which 
said  original  company  is  liable  under  the  statutes  relating  to 
street  railways,  which  shall  be  assumed  and  paid  by  said  new- 
company.  The  provisions  of  this  section  shall  not  impair  the 
powers  of  the  holders  of  an  outstanding  mortgage  to  enforce 
their  rights  by  suit  or  otherwise. 

^cutfonof  SECTION  145.  The  purchasers  at  such  sale  shall,  with  their 
i9W)C381ipa§n§V3  associates,  to  the  number  of  at  least  fifteen,  within  sixty  days 
4,5.'  '  after  such  sale,  organize  a  company  for  the  purpose  of  holding, 

§§'  is,  14.'  owning  and  operating  the  street  railway  purchased,  by  filing  in 
191  Mass.  526,  ^g  office  of  the  secretary  of  the  commonwealth  a  written  agree- 
209 Mass.  214.  ment  of  assOciation,  which  shall  state: 

(a)  That  the  subscribers  thereto  associate  themselves  with  the 
intention  of  forming  a  street  railway  company. 

(6)  The  corporate  name  assumed,  which  shall  be  one  not  in 
use  by  any  other  street  railway  company  in  this  commonwealth, 
or,  in  the  judgment  of  the  board  of  railroad  commissioners,  so 
similar  thereto  as  to  be  likely  to  be  mistaken  for  it,  and  which 
shall  contain  the  words,  "street  railway  company",  at  the  end 
thereof. 

(c)  The  corporate  name  of  the  street  railway  company  whose 
property  and  franchises  have  been  purchased. 

(d)  The  termini  of  the  railway. 

(e)  The  length  of  the  railway,  as  nearly  as  may  be. 

(/)  The  name  of  each  city  and  town  in  which  the  railway  is 
located. 

(</)  The  name  of  the  court  by  which  the  sale  was  ordered, 
the  date  of  such  order,  and  the  date  of  the  sale. 

(K)  The  total  amount  of  the  capital  stock  of  the  company, 
which  shall  be  fixed  at  an  amount  approved  by  the  board  of 
railroad  commissioners,  but  which  shall  not  exceed  the  fair 
cost,  as  determined  by  said  board,  of  replacing  the  railway  and 
property  so  acquired,  less  the  amount  of  any  outstanding  mort- 
gages to  which  said  railway  and  property  may  be  subject  in  the 
hands  of  the  new  company. 

(i)  The  par  value  of  the  shares,  which  shall  be  one  hundred 
dollars. 

(j)  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES.  247 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take. 

SECTION  146.     The  secretary  of  the  commonwealth  shall  re-  Organization. 
ceive  the  agreement  of  association,  and  preserve  the  same  in  l9^3'  381'  §§  3' 
form  convenient  for  reference  and  open  to  public  inspection,  §§  ^/u2' 
and  shall  issue  a  certificate  of  incorporation  in  the  form  which  191  Mass-  527> 
is  authorized  by  section  nine.     Thereupon,  the  company  shall 
organize  in  the  manner  provided  for  the  organization  of  a  street 
railway  company  under  general  laws.     Such  company  may  be- 
gin business  as  soon  as  it  is  organized,  and  shall  have  all  the 
rights  and  be  subject  to  all  the  duties  of  a  street  railway  com- 
pany, except  as  otherwise  provided  in  this  and  the  preceding 
section.     If  said  purchasers  fail  to  organize  a  company  as  here- 
inbefore provided,  all  rights  and  powers  to  operate  said  rail- 
way shall  thereupon  cease. 

SAVINGS  BANKS. 

[SECTION  147.     In  addition  to  the  investments  authorized  by  Savings  banks 

•  •  •      i  iiiii'  ni        may  invest  in 

section  twenty-six  ot  chapter  one  hundred  and  thirteen  of  the  certain  street 
Revised  Laws,  savings  banks  and  institutions  for  savings  may  i902,a483?§  i. 


invest  their  deposits  and  the  income  derived  therefrom  in  the 
bonds,  approved  by  the  bank  commissioner,  as  hereinafter  pro- 
vided  for,  of  any  street  railway  company  incorporated  in  this 
commonwealth,  the  railway  of  which  is  situated  wholly  or  partly 
therein,  and  which  has  earned  and  paid  annually  for  the  five 
years  last  preceding  the  certification  hereinafter  provided  for 
of  the  board  of  railroad  commissioners  dividends  of  not  less 
than  five  per  cent  per  annum  upon  all  of  its  outstanding  cap- 
ital stock.  In  any  case  where  two  or  more  companies  have 
been  consolidated  by  purchase  or  otherwise  during  the  five  years 
prior  to  the  certification  aforesaid  the  payment  severally  from 
the  earnings  of  each  year  of  dividends  equivalent  in  the  aggre- 
gate to  a  dividend  of  five  per  cent  upon  the  aggregate  capital 
stocks  of  the  several  companies  during  the  years  preceding  such 
consolidation  shall  be  sufficient  for  the  purpose  of  this  section. 
Dividends  paid  to  the  stockholders  of  the  West  End  Street  Rail- 
way Company  by  way  of  rental  shall  be  deemed  to  have  been 
earned  and  paid  by  said  West  End  Street  Railway  Company 
within  the  meaning  of  this  section.] 

[SECTION  148.     The  board  of  railroad  commissioners  shall  on  Railroad  com- 
or  before  the  fifteenth  day  of  January  of  each  year  transmit  txMsnSfusTto 
to  the  bank  commissioner  a  list  of  all  street  railway  companies  ^onercommis" 
which  appear  from  the  returns  made  by  said  companies  to  have  I902-  ?*?:  §  2- 

.,.,..  ~  -11       Repealed  by 

properly  paid,  without  impairment  ot  assets  or  capital  stock,  IMS,  390,  §  eg. 
the  dividends  required  by  the  preceding  section.] 

[SECTION  149.     The  bank  commissioner  shall,  as  soon  as  may  Bank  commis- 
be  after  the  receipt  of  the  list  provided  for  in  the  preceding  pareeii^ts.pre' 
section,  prepare  a  list  of  such  bonds  issued  by  any  street  rail-  ^peaiflby  3" 
way  company  and  certified  by  the  board  of  railroad  commis-  j^f  '.'    6/~ 


248 


PART  III.  —  OF  STREET  RAILWAY  COMPANIES. 


sioners,  in  accordance  with  the  provisions  of  the  preceding 
section,  as  the  bank  commissioner  shall  deem  good  and  safe 
securities  for  the  investments  of  savings  banks  and  institu- 
tions for  savings.  Such  list  shall  at  all  times  be  kept  open  to 
the  inspection  of  the  public.] 

[SECTION  150.  Savings  banks  and  institutions  for  savings 
may  invest  their  deposits  and  the  income  derived  therefrom  in 
the  note  or  notes  of  any  citizen  of  this  commonwealth,  with  a 
pledge  as  collateral,  at  not  more  than  the  par  value  thereof,  of 

1908, 690,  §  69.  f,        ?         J          e  '1  •  !•    1.     .J.  • 

1909, 491,  §  s.    the  bonds  ot  a  street  railway  company  in  which  the  savings 
banks  of  the  commonwealth  are  authorized  by  law  to  invest.] 


Savings  banks 
may  loan  upon 
certain  street 
railway  bonds 
as  collateral. 
1904,  210. 
Repealed  by 


—  may  invest 
in  other  street 
railway  bonds, 
etc. 

§  68  amended 
by  1909,  491, 
§  8;  1910,  622, 
§  10;  1913,680; 
1913,  291. 
See  1912,  128, 
and  1913,  291, 
as  to  failure  of 
compliance  for 
two  successive 
years. 


Amended.     See 

1909,  491,  §  8. 

1910,  358. 


SAVINGS   BANKS  —  INVESTMENTS. 

Acts  of  1908,  Chapter  590,  §  68,  clauses  5,  8. 

STREET  RAILWAY  BONDS. 

Fifth.  In  the  bonds  of  any  street  railway  company  incorporated  in 
this  commonwealth,  the  railway  of  which  is  located  wholly  or  in  part 
therein,  and  which  has  earned  and  paid  in  dividends  in  cash  an  amount 
equal  to  at  least  five  per  cent  upon  all  its  outstanding  capital  stock  in 
each  of  the  five  years  last  preceding  the  certification  by  the  board  of  rail- 
road commissioners  hereinafter  provided  for.  No  such  investment  shall 
be  made  unless  said  company  appears  from  returns  made  by  it  to  the 
board  of  railroad  commissioners  to  have  properly  paid  said  dividends 
without  impairment  of  assets  or  capital  stock,  and  said  board  shall  on  or 
before  the  fifteenth  day  of  January  in  each  year  certify  and  transmit  to 
the  bank  commissioner  a  list  of  such  street  railway  companies. 

Dividends  paid  by  way  of  rental  to  stockholders  of  a  leased  street  rail- 
way company  shall  be  deemed  to  have  been  earned  and  paid  by  said  com- 
pany within  the  meaning  of  this  clause,  provided  that  said  company  shall 
have  annually  earned,  and  properly  paid  in  dividends  in  cash,  without 
impairment  of  assets  or  capital  stock,  an  amount  equal  to  at  least  five 
per  cent  upon  all  its  outstanding  capital  stock  in  each  of  the  five  fiscal 
years  next  preceding  the  date  of  the  lease  thereof. 

If  two  or  more  street  railway  companies  have  been  consolidated  by  pur- 
chase or  otherwise  during  the  five  years  prior  to  said  certification,  the 
payment  severally  from  the  earnings  of  each  year  of  dividends  equiva- 
lent in  the  aggregate  to  a  dividend  of  five  per  cent  on  the  aggregate  capi- 
tal stocks  of  the  several  companies  during  the  years  preceding  such  con- 
solidation shall  be  sufficient  for  the  purpose  of  this  act. 

Eighth.  .  .  .  c.  A  bond  or  note  of  a  gas,  electric  light,  telephone  or 
street  railway  corporation  incorporated  or  doing  business  in  this  com- 
monwealth and  subject  to  the  control  and  supervision  thereof:  provided, 
that  the  net  earnings  of  said  corporation,  after  payment  of  all  operating 
expenses,  taxes  and  interest,  as  reported  to,  and  according  to  the  require- 
ments of,  the  proper  authorities  of  the  commonwealth,  have  been  in 
each  of  the  three  fiscal  years  next  preceding  the  making  or  renewing  of 
such  loan  equal  to  not  less  than  four  per  cent  on  all  its  capital  stock  out- 
standing in  each  of  said  years. 


BOOKS,  RETURNS  AND  REPORTS. 

Books  and  SECTION  151.     Every  street  railway  company  shall  keep  its 

returns.  .         ,  ,  .     '  .„  "  , 

1857, 40,  §§  5,  books  and  accounts  in  a  uniform  manner,  upon  the  system  pre- 
i&fsfil.Ys.3'  scribed  by  the  board  of  railroad  commissioners;  and  the  direc- 
§§  H36,3i44.  tors  of  every  company  shall  annually,  on  or  before  the  first 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES.  249 

Wednesday  of  November,  transmit  to  said  board  a  return  of  §§^6,24^.' 
the  doings  of  the  company  for  the  year  ending  on  the  thirtieth  j|™'  j^- 383- 
day  of  September  preceding,  which  shall  be  sworn  to  by  them-  fl^'^l'.5^ 
selves  and  by  the  treasurer  and  the  superintendent  of  the  com-  §  i. ' 
pany.     Such   return   shall   set   forth   copies   of  all  leases   and  R.  L.  112!  §93! 
contracts  made  during  the  year  with  other  companies  and  individ-  ^'i^swfsss, 
uals,  and  shall  contain  full  and  complete  information  upon  the  ^^urnf<o 
several  items  contained  in  the  form  prescribed  by  said  board.  ^ndinfjunTso 
A  company  which  owns  a  leased  railway  shall  be  responsible 
for  the  completeness  and  correctness  of  its  annual  return  to  the 
same  extent  as  if  the  railway  were  in  its  own  possession.     If  a 
return  is  defective  or  appears  to  be  erroneous,  the  said  board 
shall  notify  the  company  to  amend  it  within  fifteen  days.     A 
company  which  neglects  to  make  a  return,  or  to  amend  it  when 
notified  so  to  do,  shall  forfeit  twenty-five  dollars  for  each  day 
during  which  such  neglect  continues. 

SECTION  152.  The  board  of  railroad  commissioners  may  Board  of  rail- 
make  changes  in  and  additions  to  the  form  of  the  returns  re-  L^r^maT' 
quired  by  the  preceding  section,  if  it  gives  to  the  several  com-  Of *gj 
panics  one  year's  notice  of  any  such  changes  and  additions  as  ^^ 
require  an  alteration  in  the  method  or  form  of  keeping  their  &£•  SLOPS' 

11      11  ii>  i         ff  i       i  f   1864,229,  §  42. 

accounts;  and  shall  annually,  on  or  before  the  fifteenth  day  of  i87i,  38i,  1 54. 
September,  furnish  blank  forms  for  such  returns.  R'.  L.  112;  §  94! 

SECTION  153.     The    board    of    railroad    commissioners    shall  J^^f"^ 
prepare  tables  and  abstracts  of  the  returns  of  the  several  com-  ^J^1^  ,  55 
panics,  and  transmit  said  returns  and  tables  and  abstracts  to  P.  s.'  us,  | 
the  secretary  of  the  commonwealth  at  the  time  and  in  the  man- 
ner provided  in  section  five  of  Part  I  for  the  transmission  of 
the  returns  of  railroad  corporations. 

SECTION  154.     The  lessee  of  a  street  railway  shall  make  to  Lessee  of 
the  company  which  owns  it  the  same  annual  return  under  oath  tormake8rme 
of  the  operations  and  business  of  the  railway  as  is  required  of  USS?*0 
the  company  which  owns  it;  and,  for  failure  so  to  do,  shall  be  ilyt' lli' |  32' 
liable  in  an  action  of  tort  to  said  company  for  all  the  penalties  P-  |-  jj3- 1  j>i- 
prescribed  by  law  for  failure  by  it  to  make  its  annual  return. 

SECTION  155.     Every  state  board  and  commission  shall  keep  Records  of 
a  record  of  its  proceedings  in  any  matter  considered  by  it  under  EefoS  bofrds. 
the  provisions  of  this  chapter  or  under  any  laws  affecting  street  R89®;  nl;  1 1|; 
railways,  in  which  it  shall  enter  every  request  made  by  any  ™j  ^a^;  93; 
party  before  it  for  a  ruling  of  law  and  of  its  action  upon  such 
request,  and  the  neglect  either  to  grant  or  refuse  such  request 
shall  be  taken  in  any  judicial  review  of  such  proceedings  as  a 
refusal. 

ADDITIONAL   REMEDIES. 

SECTION  156.     If,  in  the  judgment  of  the  board  of  railroad  J^comS^ 
commissioners,  a  street  railway  company  has  violated  any  law  sionersto 

.  ,  ,       ,,         r       .  .   .          p  .  ,   notify  attor- 

relative  to  such  company,  and  alter  notice  m  writing  trom  said  ney-generai  of 
board,  continues  such  violation,  or  refuses  or  neglects  to  make  Taw,  etc. 
returns  as  required  by  law,  or  to  amend  the  same  when  law-  Is3°\  i. 
fully  required  so  to  do,  said  board  shall  forthwith  present  the  R.  !'.  lillf  99! 
facts  to  the  attorney-general  for  his  action. 


250 


PART   III.  —  OF   STREET   RAILWAY   COMPANIES. 


Enforcement 
of  laws. 
1861,  199,  §  1. 
1864,  229,  §  43 
1866,  294,  §  1. 
1871,  381,  §  57 
P.  S.  113,  §  63 
1891,293. 
1898,  578,  §  25 
R.  L.  112, 
§100. 

192  Mass.  92, 
93,  116. 
161  Mass.  416. 
175  Mass.  518. 
184  Mass.  310. 
SOB  Mass.  96. 


216. 


Jurisdiction  in 
equity  to  re- 
view, annul, 
etc.,  rulings  or 
orders  of 
commission. 


Jurisdiction  to 
enforce  orders. 


Repeal. 

210  Mass.  93. 


SECTION  157.  The  supreme  judicial  court  or  the  superior 
court  shall  have  jurisdiction  in  equity,  upon  the  petition  of  a 
street  railway  company,  or  of  the  board  of  aldermen  of  a  city 
or  the  selectmen  of  a  town  in  which  the  street  railway  is  lo- 
cated, or  of  any  interested  party,  to  compel  the  observance  of 
and  to  restrain  the  violation  of  all  laws  which  govern  street 
railway  companies,  and  of  all  orders,  rules  and  regulations 
made  in  accordance  with  the  provisions  of  this  chapter  by  the 
board  of  aldermen  of  a  city,  the  selectmen  of  a  town  or  the 
board  of  railroad  commissioners,  and  to  review,  annul,  modify 
or  amend  the  rulings  of  any  state  board  or  commission  relative 
to  street  railways  as  law  and  justice  may  require. 

Acts  of  1913,  Chapter  784,  §§  27,  28. 

SECTION  27.  The  supreme  judicial  court  shall  have  jurisdiction  in 
equity  to  review,  annul,  modify  or  amend  any  rulings  or  orders  of  the 
commission  which  are  unlawful  to  the  extent  only  of  such  unlawfulness. 
The  procedure  before  the  said  court  shall  be  that  prescribed  by  its  rules, 
which  shall  state  upon  what  terms  the  enforcement  of  the  order  shall  be 
stayed.  The  attorney  for  any  party  petitioning  the  supreme  judicial 
court  hereunder  shall  file  with  the  clerk  of  the  court  a  certificate  that  he 
is  of  opinion  that  there  is  such  probable  ground  for  the  appeal  as  to  make 
it  a  fit  subject  for  judicial  inquiry,  and  that  it  is  not  intended  for  delay; 
and  double  costs  shall  be  assessed  by  the  court  upon  any  such  party  whose 
petition  shall  appear  to  the  court  not  to  be  a  fit  subject  for  judicial  in- 
quiry or  shall  appear  to  be  intended  for  delay.  The  burden  of  proof  shall 
be  upon  the  party  adverse  to  the  commission  to  show  that  its  order  is 
invalid.  Any  proceeding  in  any  court  of  this  commonwealth  directly 
affecting  an  order  of  the  commission  or  to  which  the  commission  is  a 
party  shall  have  preference  over  all  other  civil  proceedings  pending  in 
such  court,  except  election  cases. 

SECTION  28.  The  supreme  judicial  court  shall  have  jurisdiction  upon 
the  application  of  the  commission  to  enforce  all  valid  orders  of  the  com- 
mission and  all  the  provisions  of  this  act.  Whenever  the  commission 
shall  be  of  opinion  that  a  common  carrier  subject  to  its  supervision  is 
failing  or  omitting  or  about  to  fail  or  omit  to  do  anything  required  of  it 
by  law  or  by  order  of  the  commission,  or  is  doing  anything  or  about  to 
do  anything  or  permitting  anything  or  about  to  permit  anything  to  be 
done,  contrary  to  or  in  violation  of  the  law  or  of  any  order  of  the  com- 
mission, it  shall  direct  counsel  to  the  commission  to  begin,  subject  to  the 
supervision  of  the  attorney-general,  an  action  or  proceeding  in  the  supreme 
judicial  court  in  the  name  of  the  commission  for  the  purpose  of  having 
such  violations  or  threatened  violations  stopped  and  prevented  either  by 
mandamus  or  injunctions. 

SECTION  158.  Sections  forty-one,  forty-three,  forty-four, 
forty-five,  forty-six  and  forty-seven  of  chapter  fourteen  of  the 
Revised  Laws,  section  twenty-two  of  chapter  one  hundred  and 
six  of  the  Revised  Laws,  chapter  one  hundred  and  twelve  of 
the  Revised  Laws;  chapters  two  hundred  and  eighty-eight,  three 
hundred  and  seventy,  three  hundred  and  ninety-five,  three  hun- 
dred and  ninety-six,  three  hundred  and  ninety-nine,  four  hun- 
dred and  forty-nine  and  four  hundred  and  eighty-three  of  the 
acts  of  the  year  nineteen  hundred  and  two;  chapters  one  hun- 


PART  III.  —  OF  STREET  RAILWAY   COMPANIES.  251 

dred  and  thirty-four,  one  hundred  and  forty-three,  two  hundred 
and  two  and  four  hundred  and  seventy-six  of  the  acts  of  the 
year  nineteen  hundred  and  three;  chapters  one  hundred  and 
ten,  two  hundred  and  ten,  two  hundred  and  sixty-seven,  three 
hundred  and  seventy-three  and  four  hundred  and  forty-one  of 
the  acts  of  the  year  nineteen  hundred  and  four;  chapters  eighty, 
one  hundred  and  thirty-four  and  three  hundred  and  seventy-six 
of  the  acts  of  the  year  nineteen  hundred  and  five;  and,  so  far 
only  as  they  apply  to  street  railways  or  street  railway  compa- 
nies, their  officers,  agents  or  employees,  sections  thirty-seven, 
thirty-eight,  thirty-nine,  forty,  forty-two,  sixty-one  and  sixty- 
two  of  chapter  fourteen  of  the  Revised  Laws,  section  one  of 
chapter  thirty-four  of  the  Revised  Laws,  section  twenty-one  of 
chapter  forty-seven  of  the  Revised  Laws,  section  eighty-five 
of  chapter  forty-eight  of  the  Revised  Laws,  sections  nine,  ten, 
eleven,  fifteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty- 
one,  twenty-four,  twenty-five,  twenty-seven,  twenty-eight, 
thirty,  thirty-one,  thirty-two,  thirty-three,  thirty-four,  thirty- 
five,  forty,  forty-one,  forty-two,  forty-three,  forty-four,  forty- 
five,  forty-six,  forty-seven,  forty-eight,  forty-nine,  fifty,  fifty-one, 
fifty-two,  fifty-three,  fifty-four,  fifty-five,  fifty-six  and  fifty- 
seven  of  chapter  one  hundred  and  nine  of  the  Revised 
Laws,  section  twenty-eight  of  chapter  one  hundred  and  ten 
of  the  Revised  Laws,  section  eleven  of  chapter  one  hundred 
and  twenty-six  of  the  Revised  Laws;  chapter  four  hundred  and 
twenty-three  of  the  acts  of  the  year  nineteen  hundred  and 
three;  chapter  three  hundred  and  ninety-six  of  the  acts  of 
the  year  nineteen  hundred  and  four;  and  chapters  two  hundred 
and  sixty-six,  two  hundred  and  sixty-seven,  two  hundred  and 
eighty-three  and  three  hundred  and  thirty-nine  of  the  acts  of 
the  year  nineteen  hundred  and  six  are  hereby  repealed. 

SECTION  159.  The  provisions  of  this  act,  so  far  as  they  are  Provisions, 
the  same  as  those  of  existing  statutes,  shall  be  construed  as  a  o?,netcUC ' 
continuation  thereof,  and  not  as  new  enactments,  and  a  refer-  *°* 
ence  in  a  statute  which  has  not  been  repealed  to  provisions  of 
law  which  have  been  wholly  or  partially  revised  and  re-enacted 
herein  shall  be  construed  as  applying  to  such  provisions  as  so 
incorporated  in  this  act.  The  repeal  of  a  law  by  this  act  shall 
not  affect  any  act  done,  ratified  or  confirmed,  or  any  right  ac- 
crued or  established,  or  any  action,  suit  or  proceeding  com- 
menced under  any  of  the  laws  repealed  before  the  repeal  took 
effect,  or  any  action,  suit  or  proceeding  pending  at  the  time  of 
the  repeal  for  an  offence  committed,  or  for  the  recovery  of  a 
penalty  or  forfeiture  incurred,  under  any  of  the  laws  repealed, 
but  the  proceedings  shall,  when  necessary,  conform  to  the  pro- 
visions of  this  act.  Any  provision  of  this  act  by  which  a  pun- 
ishment, penalty  or  forfeiture  is  mitigated  may  be  extended  and 
applied  to  any  judgment  pronounced  after  said  repeal. 

SECTION  160.     This  act  shall  not  affect  any  act  passed  in  the  Not  to  affect 
year  nineteen  hundred  and  six  unless  such  act  is  specifically 
repealed  herein.     [Approved  June  7,  1906. 


252 


THE  ELECTRIC   RAILROAD  LAW. 


THE  ELECTRIC  RAILEOAD  LAW. 


CHAPTER  516  OF  THE  ACTS  or  1906. 
AN  ACT  RELATIVE  TO  ELECTRIC  RAILROAD  COMPANIES. 

SECTIONS     1-13.     Formation  and  powers. 
SECTIONS  14-26.     Taxation. 
SECTION  27.     Interested  parties. 


Formation. 


Powers. 

See  1910,  587. 


Agreement  of 
association, 
corporate 
name,  etc. 
1872,  53,  §  2. 
1874,  298;  372, 
§20. 

1878,  236,  §  1. 
P.  S.  112,  §35 
K.  L  111,  §  36 
R.  L.  109,  §  8. 
See  1906,  463, 
Part  II,  §  14. 


FORMATION  AND  POWERS. 

SECTION  1.  Fifteen,  or  more  persons  may  associate  them- 
selves by  a  written  agreement  of  association  with  the  intention 
of  forming  an  electric  railroad  company. 

SECTION  2.  Such  company  shall  have  authority,  subject  to 
the  provisions  of  this  act,  to  construct,  operate  and  maintain  a 
railroad  or  railway,  including  poles,  wires,  or  other  appliances 
and  equipment  connected  therewith,  of  the  class  operated  by 
electricity  or  by  any  power  other  than  steam,  which  the  board 
of  railroad  commissioners  shall  approve,  and  constructed  wholly 
upon  private  land  purchased  or  taken  by  said  company  under 
the  provisions  of  this  act;  or  constructed  partly  upon  such  pri- 
vate land  so  purchased  or  so  taken  by  said  company  and  partly 
upon  public  ways  and  place?,  but  at  least  one  half  of  which  is 
constructed  upon  such  private  land.  Such  company  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  duties, 
liabilities  and  restrictions,  relative  to  railroad  corporations,  set 
forth  in  chapter  four  hundred  and  sixty-three  of  the  acts  of 
the  year  nineteen  hundred  and  six,  except  as  is  otherwise  spe- 
cially provided  in  this  act. 

SECTION  3.     The  agreement  of  association  shall  state:  — 

(a)  That  the  subscribers  thereto  associate  themselves  with 
the  intention  of  forming  an  electric  railroad  company. 

(6)  The  corporate  name  assumed,  which  shall  be  one  not  in 
use  by  any  other  electric  railroad  company  in  the  Common- 
wealth, or,  in  the  judgment  of  the  board  of  railroad  commis- 
sioners, so  similar  thereto  as  to  be  likely  to  be  mistaken  for  it, 
or  for  any  railroad  corporation  or  street  railway  company  in 
this  Commonwealth,  and  which  shall  contain  the  words, "elec- 
tric railroad  company",  at  the  end  thereof. 

(c)  The  termini  of  the  railroad. 

(d)  The  length  of  the  railroad,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  in  which  the 
railroad  is  to  be  located. 

(/)  The  gauge  of  the  railroad,  which  shall  be  four  feet  eight 
and  one  half  inches. 


THE   ELECTRIC   RAILROAD  LAW. 


253 


(<?)  The  total  amount  of  the  capital  stock  of  the  company, 
which  shall  be  not  less  than  ten  thousand  dollars  for  each  mile. 

(h)  The  par  value  of  the  shares,  which  shall  be  one  hundred 
dollars. 

(i)  The  names  and  residences  of  at  least  five  persons,  who 
shall  be  subscribers  to  the  agreement  of  association,  to  act  as 
directors  until  others  are  chosen  and  qualified  in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of  associa- 
tion his  name,  residence,  post  office  address,  and  the  number  of 
shares  of  stock  which  he  agrees  to  take,  but  no  subscriber  shall 
be  bound  to  pay  more  than  ten  per  cent  of  the  amount  of  his 
subscription  unless  a  company  is  incorporated. 

SECTION  4.     The  directors,  before  applying  to  the  board  of  agreeme^of  f 
railroad   commissioners   as   hereinafter   provided,   shall  cause  a  ?»s°ciatio?- 

i>i  (>  ..  i  11*11*  1872,  oo,  §  5. 

copy  or  the  agreement  or  association  to  be  published  in  a  news-  1874,  372,  §  22. 
paper,  if  there  be  any,  published  in  each  of  the  cities  and  towns  R.  L.  in,'  §3a 
in  which  the  railroad  is  to  be  located,  and  if,  in  any  county,  a  pa'r/f/f  j"*fl.' 


newspaper  is  published  in  none  of  said  cities  and  towns  therein, 
in  such  newspaper  published  in  said  county  as  shall  be  desig- 
nated by  the  board  of  railroad  commissioners,  at  least  once  in 
each  of  three  successive  weeks;  and  the  sworn  certificate  of  the 
clerk  shall  be  conclusive  evidence  thereof. 

SECTION  5.     After  compliance  with  the  provisions  of  section  Certificate  of 
one  and  of  the  two  preceding  sections,  and  within  thirty  days  ?enience>and 
after  the  first  publication  of  notice  of  the  agreement  of  associa-  Exigency'. 
tion  therein  required,  the  directors  therein  named  shall  apply  ^|§;  |gg  ,  l 
to  the  board  of  railroad  commissioners  for  a  certificate  that  f  •  L/QUli,L4°- 

...  .  .  .  .  .  f          *ee  1906,  4"3, 

public  convenience  and  necessity  require  the  construction  or  a  Partu,  §§  n, 

railroad  as  proposed  in  such  agreement.     With  such  applica-  eo's  Mass.  94. 

tion  said  directors  shall  file  a  map  of  the  railroad  showing  the 

cities  and  towns  through  which  it  will  pass,  the  principal  high- 

ways, railways,  railroads,  navigable  streams  and  tide  waters  to 

be  crossed,  and  the  extent  to  which  the  route  of  the  railroad 

will  be  fixed  upon  private  land  or  will  be  located  longitudinally 

upon  public  ways  and  places.     They  shall  also  file  a  general 

profile  of  the  railroad  showing  the  grades,  and  shall  submit  an 

estimate  showing  in  reasonable  detail  the  cost  of  construction. 

The  directors  shall  also  furnish  such  additional  maps  and  in- 

formation as  said  board  may  require.     Prior  to  the  decision  of 

said  board  the  directors  may  change  or  modify  the  route  in  any 

city  or  town  in  whole  or  in  part  either  at  the  suggestion  of  said 

board  or  otherwise.     If  said  board  refuses  to  issue  such  certifi- 

cate, no  further  proceedings  shall  be  had,  but  the  application 

may  be  renewed  after  one  year  from  the  date  of  such  refusal. 

SECTION  6.     In   case   the   board   of    railroad    commissioners  Proceedings 
grants  the  certificate  specified  in  the  preceding  section,  the  di-  Ofe  aldermen8 
rectors  may,  within  sixty  days  after  the  granting  thereof,  apply  S/SoJ^w, 
to  the  board  of  aldermen  of  each  city  and  to  the  selectmen  of  i£ui?ng,Ui 
each  town  in  which  the  railroad  is  to  be  located  to  fix  the  route  Far/5gT'  §  s> 
of  the  railroad  in  such  city  or  town,  and  with  such  application 
the  directors  shall  file  a  copy  of  the  maps  and  general  profile, 


254 


THE   ELECTRIC   RAILROAD   LAW. 


[Amended. 
1907,428,  § 


1906,  616,  §  6, 
amended. 


and,  upon  request,  the  other  information  presented  to  the  board 
of  railroad  commissioners.  The  board  of  aldermen  and  the 
selectmen  shall  give  fourteen  days'  notice  of  the  time  and  place 
for  a  hearing  on  such  application  by  publication  thereof  in  one 
or  more  newspapers,  if  there  be  any,  published  in  said  city  or 
town;  otherwise  in  such  newspaper  or  newspapers  published  in 
the  county  in  which  the  city  or  town  is  situated  as  shall  be  des- 
ignated by  the  board  of  railroad  commissioners;  and  written 
notice  of  the  time  and  place  at  which  such  hearing  will  be  held 
shall  be  mailed  at  least  seven  days  before  said  hearing  by  the 
clerk  of  the  city  or  town  in  which  the  application  for  locations 
has  been  filed  to  the  owners  as  determined  by  the  last  preceding 
assessment  for  taxation  of  real  estate  along  the  public  ways  or 
parts  of  ways  upon  which  it  is  proposed  to  construct  said  line 
and  to  the  owners  of  private  land  upon  which  the  route  of  the 
railroad  is  to  be  fixed,  [The  board  of  aldermen  or  the  selectmen 
shall  set  forth  in  the  certificate  required  by  section  seven  the 
fact  that  such  notice  was  mailed  as  above  provided.]  and  said 
clerk  shall  make  and  deliver  to  the  directors  at  the  hearing  a  cer- 
tificate setting  forth  the  fact  that  such  notice  was  published  and 
mailed  as  provided  above,  and  such  certificate  shall  be  conclusive 
evidence  thereof. 

Acts  of  1907,  Chapter  428,  §  1. 
An  Act  relative  to  Electric  Railroad  Companies. 

SECTION  1.  Section  six  of  chapter  five  hundred  and  sixteen  of  the 
acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  by  striking 
out  at  the  end  thereof  the  words  "The  board  of  aldermen  or  the  select- 
men shall  set  forth  in  the  certificate  required  by  section  seven  the  fact 
that  such  notice  was  mailed  as  above  provided",  and  inserting  in  place 
thereof  the  words :  —  and  said  clerk  shall  make  and  deliver  to  the  direc- 
tors at  the  hearing  a  certificate  setting  forth  the  fact  that  such  notice 
was  published  and  mailed  as  provided  above,  and  such  certificate  shall 
be  conclusive  evidence  thereof,  —  so  as  to  read  as  follows :  —  Section  6. 
[For  §  6  as  amended,  see  above.] 


Fixing  the 

route. 

See  1906,  463, 

Part  II,  §§  SO, 

21. 

1912,  726, 

Part  II,  §  3, 

below. 

By  aldermen 

or  selectmen. 


SECTION  7.  If  the  route  designated  in  the  application  is 
agreed  to  by  the  board  of  aldermen  or  the  selectmen,  and  all 
requirements  in  respect  of  the  part  of  said  route  located  longi- 
tudinally upon  public  ways  and  places  are  assented  to  by  the 
directors,  and  thereafter  are  approved  in  writing  by  the  board 
of  railroad  commissioners,  the  board  of  aldermen  or  the  select- 
men shall  make  a  certificate  setting  forth  the  route  as  fixed  by 
them,  which  shall  be  certified  by  said  board  or  their  clerk  to 
the  directors,  and  no  further  proceedings  shall  be  necessary, 
but  the  route  so  agreed  to  shall  be  the  route  of  said  railroad  in 
such  city  or  town,  except  as  hereinafter  provided.  If  the  board 
of  aldermen  or  the  selectmen  agree  with  the  directors  upon  a 
route  different  from  that  designated  in  the  application,  or  [if 
the  board  of  aldermen  or  the  selectmen  fail  to  agree  with  the 
directors  upon  a  route,  or  as  to  the  requirements  in  respect  of 


THE   ELECTRIC   RAILROAD  LAW.  255 

the  part  of  the  route  located  longitudinally  upon  public  ways 
and  places,  the  directors  within  ninety  days  after  the  date  of 
the  filing  of  the  application  or  within  fourteen  days  after  the 
failure  to  approve  the  requirements,  may  apply  to  the  board  ®  nrboadrco°m- 
of  railroad  commissioners,  which  may,  in  its  discretion,  after  pj^10^8- 
notice  to  the  board  of  aldermen  or  the  selectmen,  and  after  1907, 4*s',  §  *; 
public  notice  and  a  hearing,  fix  the  route  of  said  railroad  in  ' 
such  city  or  such  town,  which  route  may  be  either  the  route 
designated  in  the  application,  or  the  route  agreed  to  by  the 
board  of  aldermen  or  the  selectmen  and  the  directors.]  fail- 
within  ninety  days  after  the  date  of  the  filing  of  the  application 
to  agree  with  the  directors  upon  a  route,  or  as  to  requirements  in 
respect  of  the  part  of  the  route  located  longitudinally  upon  public 
ways  and  places  which  meet  with  the  approval  of  the  board  of 
railroad  commissioners,  the  directors  or  the  board  of  aldermen  or 
selectmen  within  one  hundred  days  after  the  date  of  the  filing  of 
the  application  may  apply  to  the  board  of  railroad  commis- 
sioners, which  may,  in  its  discretion,  after  notice  to  the  directors 
and  board  of  aldermen  or  selectmen,  and  after  public  notice  and 
a  hearing,  fix  the  route  and  determine  the  grades  and  method  of 
constructing  said  railroad  in  such  city  or  in  such  town,  and  no 
change  shall  thereafter  be  made  by  the  directors  in  the  grades  or 
method  of  construction  so  determined  without  the  approval  in 
writing  of  the  board  of  railroad  commissioners  after  notice  to  the 
board  of  aldermen  or  selectmen  and  after  public  notice  and  a 
hearing.  Said  board  shall  thereupon  make  a  certificate  set- 
ting forth  the  route  as  fixed  by  it,  which  route  shall  be  certified 
by  its  clerk  to  the  directors.  In  fixing  such  route  the  board  of 
railroad  commissioners  shall  not  locate  it  longitudinally  upon 
any  public  way  or  place  in  such  city  or  town  without  the  con- 
sent of  the  board  of  aldermen  of  such  city  or  the  selectmen  of 
such  town.  That  part  of  the  route  which  consists  of  a  loca- 
tion longitudinally  upon  a  public  way  or  place  shall  not  be 
deemed  to  be  fixed  until  all  requirements  which  may  be  im- 
posed in  respect  of  it  by  the  board  of  aldermen,  or  the  select- 
men, as  the  case  may  be,  are  approved  in  writing  by  the  board 
of  railroad  commissioners.  In  case  the  route  in  any  city  or  town, 
as  fixed  either  by  the  board  of  aldermen  or  selectmen,  or  by  the 
board  of  railroad  commissioners,  in  the  manner  hereinbefore  pro- 
vided, is  different  from  the  route  designated  in  the  application  of 
the  directors,  and  in  case  said  change  of  route  in  the  opinion  of 
the  directors  makes  it  desirable  to  change  the  route  of  said  railroad 
in  any  of  the  other  cities  or  towns  through  which  the  route  of  said 
railroad  passes,  or  in  case  in  the  opinion  of  the  directors  it  be- 
comes desirable  to  change  the  route  of  the  railroad  so  as  to  pass 
through  any  cities  or  towns  not  named  in  the  agreement  of  asso- 
ciation of  said  railroad  company  or  to  change  the  route  so  as  no 
longer  to  pass  through  certain  cities  or  towns  in  which  the  direc- 
tors have  applied  to  have  the  route  fixed,  then  the  directors  may  at 
any  time  before  the  route  in  all  the  cities  and  towns  is  finally 
fixed,  or  icithin  thirty  days  thereafter,  apply  to  the  board  of  rail- 


256  THE   ELECTRIC   RAILROAD   LAW. 

road  commissioners  for  leave  to  apply  again  to  the  board  of  alder- 
men or  selectmen  of  any  cities  or  towns  to  fix  a  new  route  other 
than  that  originally  applied  for  within  such  cities  or  towns,  or  to 
apply  to  the  board  of  aldermen  or  selectmen  of  any  cities  or  towns 
not  named  in  the  agreement  of  association  of  said  railroad  com- 
pany to  fix  a  route  of  the  railroad  passing  through  such  cities  or 
towns,  or  for  leave  to  abandon  the  route  in  any  cities  or  towns  in 
which  the  directors  have  applied,  as  aforesaid,  to  have  the  route 
fixed.  With  such  application  to  the  board  of  railroad  commis- 
sioners the  directors  shall  file  a  map  and  general  profile  showing 
the  change  in  the  route  as  proposed,  which  map  and  general  profile 
shall  be  in  the  same  form  as  those  filed  under  the  provisions  of 
section  five,  and  the  directors  shall  also  furnish  such  additional 
information  as  the  board  may  require.  The  board  shall  give  a 
public  hearing  upon  such  application  after  giving  such  notice  to 
the  directors  and  to  the  board  of  aldermen  or  selectmen  of  such 
cities  or  towns  as  it  may  deem  requisite.  In  case  the  board  au- 
thorizes the  directors  to  apply  to  any  cities  or  towns  to  fix  a  route 
other  than  that  designated  in  the  original  application,  then  all 
proceedings  hitherto  taken  in  regard  to  fixing  the  route  in  such 
cities  or  towns  shall  become  null  and  void,  and  the  directors  shall, 
within  sixty  days  thereafter,  again  apply  to  the  board  of  aldermen 
of  such  cities  and  to  the  selectmen  of  such  towns  to  fix  anew  the 
route  of  the  railroad  in  such  cities  or  towns,  and  with  such  appli- 
cation shall  file  a  copy  of  the  maps  and  general  profile  of  such 
proposed  altered  route,  and,  upon  request,  the  other  information 
presented  to  the  board  of  railroad  commissioners.  The  proceed- 
ings thereafter  upon  such  application  shall  be  the  same  as  those 
provided  in  the  case  of  an  original  application.  And  in  case  the 
board  of  railroad  commissioners  authorizes  the  directors  to  apply 
to  any  cities  or  towns  not  named  in  said  agreement  of  association 
to  fix  a  route  of  the  railroad  passing  through  said  cities  or  towns, 
then  the  directors  shall,  within  sixty  days  after  the  granting  of 
such  authority,  apply  to  the  board  of  aldermen  or  selectmen  of 
such  cities  or  towns  to  fix  the  route  of  the  railroad  in  such  cities 
or  towns.  Said  application  shall  be  made  in  the  same  manner 
and  the  proceedings  thereon  shall  be  the  same  as  in  the  case  of 
an  application  to  fix  the  route  of  the  railroad  to  the  board  of 
aldermen  or  selectmen  of  a  city  or  town  originally  named  in  the 
agreement  of  association  of  such  railroad  company.  In  case  the 
board  authorizes  the  directors  to  abandon  entirely  the  route  in  any 
cities  or  towns  in  which  the  directors  have  applied,  as  aforesaid, 
to  have  the  route  fixed,  then  any  action  taken  in  regard  to  fixing 
the  route  in  such  cities  or  towns  shall  become  null  and  void,  and 
the  railroad  company  shall  be  under  no  obligation  to  construct  its 
railroad  therein.  The  order  of  the  railroad  commissioners  author- 
izing the  directors  to  apply  for  a  route  of  the  railroad  in  any  city 
or  town  not  named  in  the  agreement  of  association  or  the  order  of 
railroad  commissioners  under  which  the  route  in  any  cities  or 
towns  is  abandoned,  shall  operate  as  an  amendment  to  the  clauses 
in  said  agreement  of  association  which  name  the  cities  or  towns 


THE   ELECTRIC   RAILROAD  LAW.  257 

in  which  the  railroad  is  to  be  located,  and  the  terminal  thereof,  and 
a  certified  copy  of  said  order  shall  be  attached  to  the  agreement 
of  association. 

Acts  of  1907,  Chapter  428,  §  2. 

SECTION  2.  Section  seven  of  said  chapter  five  hundred  and  sixteen  is  isoe,  die,  §  7, 
hereby  amended  by  striking  out  all  after  the  word  "or",  in  the  four-  amended- 
teenth  line,  down  to  and  including  the  word  "directors",  in  the  twenty- 
sixth  line,  and  inserting  in  place  thereof  the  following:  —  fail  within 
ninety  days  after  the  date  of  the  filing  of  the  application  to  agree  with 
the  directors  upon  a  route,  or  as  to  requirements  in  respect  of  the  part 
of  the  route  located  longitudinally  upon  public  ways  and  places  which 
meet  with  the  approval  of  the  board  of  railroad  commissioners,  the 
directors  or  the  board  of  aldermen  or  selectmen  within  one  hundred  days 
after  the  date  of  the  filing  of  the  application  may  apply  to  the  board  of 
railroad  commissioners,  which  may,  in  its  discretion,  after  notice  to  the 
directors  and  board  of  aldermen  or  selectmen,  and  after  public  notice 
and  a  hearing,  fix  the  route  and  determine  the  grades  and  method  of  con- 
structing said  railroad  in  such  city  or  in  such  town,  and  no  change  shall 
thereafter  be  made  by  the  directors  in  the  grades  or  method  of  construc- 
tion so  determined  without  the  approval  in  writing  of  the  board  of  rail- 
road commissioners  after  notice  to  the  board  of  aldermen  or  selectmen 
and  after  public  notice  and  a  hearing,  —  so  as  to  read  as  follows:  —  Sec- 
tion 7.  [For  §  7  as  amended,  see  above.] 

Acts  of  1908,  Chapter  450. 
An  Act  relative  to  Electric  Railroad  Companies. 

Section  seven  of  chapter  five  hundred  and  sixteen  of  the  acts  of  the  IOOG,  sie,  §  7. 
year  nineteen  hundred  and  six,  as  amended  by  section  two  of  chapter  |n^ lauded' 
four  hundred  and  twenty-eight  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  is  hereby  further  amended  by  inserting  after  the  word  "town", 
in  the  twelfth  line,  the  words:  —  except  as  hereinafter  provided,  —  and 
by  adding  at  the  end  of  said  section  the  words :  —  In  case  the  route  in 
any  city  or  town,  as  fixed  either  by  the  board  of  aldermen  or  selectmen, 
or  by  the  board  of  railroad  commissioners,  in  the  manner  hereinbefore 
provided,  is  different  from  the  route  designated  in  the  application  of  the 
directors,  and  in  case  said  change  of  route  in  the  opinion  of  the  directors 
makes  it  desirable  to  change  the  route  of  said  railroad  in  any  of  the  other 
cities  or  towns  through  which  the  route  of  said  railroad  passes,  or  in  case 
in  the  opinion  of  the  directors  it  becomes  desirable  to  change  the  route 
of  the  railroad  so  as  to  pass  through  any  cities  or  towns  not  named  in 
the  agreement  of  association  of  said  railroad  company  or  to  change  the 
route  so  as  no  longer  to  pass  through  certain  cities  or  towns  in  which  the 
directors  have  applied  to  have  the  route  fixed,  then  the  directors  may  at 
any  time  before  the  route  in  all  the  cities  and  towns  is  finally  fixed,  or 
within  thirty  days  thereafter,  apply  to  the  board  of  railroad  commis- 
sioners for  leave  to  apply  again  to  the  board  of  aldermen  or  selectmen  of 
any  cities  or  towns  to  fix  a  new  route  other  than  that  originally  applied 
for  within  such  cities  or  towns,  or  to  apply  to  the  board  of  aldermen  or 
selectmen  of  any  cities  or  towns  not  named  in  the  agreement  of  associa- 
tion of  said  railroad  company  to  fix  a  route  of  the  railroad  passing  through 
such  cities  or  towns,  or  for  leave  to  abandon  the  route  in  any  cities  or 
towns  in  which  the  directors  have  applied,  as  aforesaid,  to  have  the  route 
fixed.  With  such  application  to  the  board  of  railroad  commissioners  the 
directors  shall  file  a  map  and  general  profile  showing  the  change  in  the 


258 


THE   ELECTRIC   RAILROAD   LAW. 


Location  in 
public  way 
or  place. 
See  1906,  463, 
Part  III,  §  7. 


route  as  proposed,  which  map  and  general  profile  shall  be  in  the  same 
form  as  those  filed  under  the  provisions  of  section  five,  and  the  directors 
shall  also  furnish  such  additional  information  as  the  board  may  require. 
The  board  shall  give  a  public  hearing  upon  such  application  after  giving 
such  notice  to  the  directors  and  to  the  board  of  aldermen  or  selectmen  of 
such  cities  or  towns  as  it  may  deem  requisite.  In  case  the  board  author- 
izes the  directors  to  apply  to  any  cities  or  towns  to  fix  a  route  other  than 
that  designated  in  the  original  application,  then  all  proceedings  hitherto 
taken  in  regard  to  fixing  the  route  in  such  cities  or  towns  shall  become  null 
and  void,  and  the  directors  shall,  within  sixty  days  thereafter,  again 
apply  to  the  board  of  aldermen  of  such  cities  and  to  the  selectmen  of 
such  towns  to  fix  anew  the  route  of  the  railroad  in  such  cities  or  towns, 
and  with  such  application  shall  file  a  copy  of  the  maps  and  general  profile 
of  such  proposed  altered  route,  and,  upon  request,  the  other  information 
presented  to  the  board  of  railroad  commissioners.  The  proceedings  there- 
after upon  such  application  shall  be  the  same  as  those  provided  in  the 
case  of  an  original  application.  And  in  case  the  board  of  railroad  com- 
missioners authorizes  the  directors  to  apply  to  any  cities  or  towns  not 
named  in  said  agreement  of  association  to  fix  a  route  of  the  railroad  pass- 
ing through  said  cities  or  towns,  then  the  directors  shall,  within  sixty 
days  after  the  granting  of  such  authority,  apply  to  the  board  of  aldermen 
or  selectmen  of  such  cities  or  towns  to  fix  the  route  of  the  railroad  in 
such  cities  or  towns.  Said  application  shall  be  made  in  the  same  manner 
and  the  proceedings  thereon  shall  be  the  same  as  in  the  case  of  an  appli- 
cation to  fix  the  route  of  the  railroad  to  the  board  of  aldermen  or  select- 
men of  a  city  or  town  originally  named  in  the  agreement  of  association 
of  such  railroad  company.  In  case  the  board  authorizes  the  directors  to 
abandon  entirely  the  route  in  any  cities  or  towns  in  which  the  directors 
have  applied,  as  aforesaid,  to  have  the  route  fixed,  then  any  action  taken 
in  regard  to  fixing  the  route  in  such  cities  or  towns  shall  become  null  and 
void,  and  the  railroad  company  shall  be  under  no  obligation  to  construct 
its  railroad  therein.  The  order  of  the  railroad  commissioners  authorizing 
the  directors  to  apply  for  a  route  of  the  railroad  in  any  city  or  town  not 
named  in  the  agreement  of  association  or  the  order  of  railroad  commis- 
sioners under  which  the  route  in  any  cities  or  towns  is  abandoned,  shall 
operate  as  an  amendment  to  the  clauses  in  said  agreement  of  association 
which  name  the  cities  or  towns  in  which  the  railroad  is  to  be  located,  and 
the  terminal  thereof,  and  a  certified  copy  of  said  order  shall  be  attached 
to  the  agreement  of  association,  —  so  as  to  read  as  follows :  —  Section  7. 
[For  §  7  as  amended,  see  above.] 

Part  of  1912,  Chapter  725,  Part  II,  §  3. 

.  .  .  Provided,  however,  that  the  foregoing  provisions  relating  to  fixing 
the  route  by  the  boards  of  aldermen  and  by  the  selectmen  or  by  the  rail- 
road commissioners  shall  not  apply  to  an  electric  railroad  company,  the 
route  of  whose  railroad  has  been  previously  fixed  by  the  boards  of  aldermen 
and  by  the  selectmen  or  by  the  railroad  commissioners  under  chapter  five 
hundred  and  sixteen  of  the  acts  of  the  year  nineteen  hundred  and  six 
and  acts  in  amendment  thereof  and  in  addition  thereto. 

SECTION  8.  If  the  board  of  aldermen  or  the  selectmen  are 
of  opinion  that  public  convenience  and  necessity  require  the 
railroad  to  be  constructed  in  part  longitudinally  upon  a  public 
way  or  place,  they  may,  in  granting  or  agreeing  to  a  location 
upon  such  public  way  or  place,  prescribe  how  the  tracks  shall 


THE   ELECTRIC   RAILROAD   LAW.  259 

be  laid,  and  the  kind  of  wires,  poles,  rails  and  other  appliances 
which  shall  be  used,  and  may  impose  such  terms,  conditions 
and  obligations  incidental  to  and  not  inconsistent  with  the  ob- 
jects of  a  street  railway  company  as  the  public  interests  may  in 
their  judgment  require,  and  the  board  of  railroad  commission- 
ers may  approve. 

Acts  of  1910,  Chapter  587. 

An  Act  limiting  the  Time  of  Construction  of  the  Railroads  of  Electric 
Railroad  Companies. 

SECTION  1.     If  an  electric  railroad  company,  incorporated  under  chap-  Time  of  con- 
ter  five  hundred  and  sixteen  of  the  acts  of  the  year  nineteen  hundred  thTraliroads 
and  six,  does  not  begin  the  construction  of  its  railroad  and  expend  thereon  of  electric 
at  least  ten  per  cent  of  the  amount  of  its  original  capital  stock  within  paries  limited, 
two  years  after  the  date  of  its  certificate  of  incorporation,  and  does  not  etc< 
complete  and  open  its  railroad  for  use  within  four  years  after  said  date, 
its  corporate  powers  and  existence  shall. cease,  unless  the  board  of  railroad 
commissioners,  after  public  notice  and  a  hearing,  shall  extend  said  time 
by  a  certificate,  stating  that  in  its  judgment  due  diligence  has  been  ex- 
ercised by  the  corporation,  and  that  public  necessity  and  convenience 
require  such  extension. 

SECTION  2.    If  an  electric  railroad  company,  incorporated  under  said  ~ejfnco^~d 
chapter  five  hundred  and  sixteen,  does  not  complete  and  open  for  use  an  opening  for 
extension  within  four  years  after  the  date  of  the  authorization  of  the  tension*11  ex~ 
extension  by  the  board  of  railroad  commissioners,  the  power  of  the  com-  limited,  etc. 
pany  to  construct  and  operate  the  same  shall  cease,  unless  the  said  board, 
after  public  notice  and  a  hearing,  shall  extend  said  time  by  a  certificate 
stating  that  in  its  judgment  due  diligence  has  been  exercised  by  the 
corporation,  and  that  public  necessity  and  convenience  require  the  said 
extension  of  time. 

SECTION  3.    This  act  shall  not  apply  to  the  form  of  railroad  known  as  Not  to  apply 
the  Boynton  Bicycle  Railroad  nor  to  the  Boston,  Quincy  and  Fall  River  reload!*1' 
Bicycle  Railway  Company  which  was  incorporated  by  chapter  five  hun- 
dred and  twenty-seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
seven,  and  to  which  corporation,  by  subsequent  acts,  an  extension  of  time 
for  the  building  of  its  railway  has  been  granted. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Approved 
June  3, 1910. 

SECTION  9.     The  certificate  of  incorporation  issued  by  the  Certificate  of 
secretary  of  the  commonwealth  to  the  company  shall  contain  5ee0;£oeu<?<j,' 
the  words,  "electric  railroad  companies",  instead  of  the  words,  fj!rt//'§5 
"  railroad  corporations." 

SECTION  10.  An  electric  railroad  company  shall  act  as  a  Carriers  of 
common  carrier  of  baggage,  express  matter  and  freight  in  such  fre?fhfea 
cases,  upon  such  parts  of  its  railroad,  and  to  such  extent,  in 
any  city  or  town  as,  after  public  notice  and  a  hearing  upon  the 
petition  of  the  president  or  a  majority  of  the  directors  of  the 
company  or  any  interested  party,  the  board  of  aldermen  or  the 
selectmen,  or  those  exercising  the  powers  of  such  board  or  of 
selectmen,  in  such  city  or  town,  shall  by  order  approve:  pro- 
vided, however,  that  a  company  shall  actually  engage  in  the 
business  of  a  common  carrier  under  authority  of  this  act  only 


260 


THE   ELECTRIC   RAILROAD   LAW. 


Sections  of 
street  railway 
law  applicable. 


Recreation 
grounds. 

Purchase  of 

electricity  by, 

etc. 

See  also  1906, 

218. 

Stock  and 

bonds. 

Locations  on 

highways. 

205  Mass.  96. 


Operation. 


Crossings  of 
steam  rail- 
roads. 

Remedies; 
procedure 
before  state 
boards. 


Sections  of 
steam  railroad 
law  not  appli- 
cable. 


Tracks  in 
public  ways,  — 
liability. 

Grain 

elevators. 
Stock  or  bonds 
of  other,  etc. 


in  such  of  the  cases,  upon  such  of  the  parts  of  its  railroad,  and 
to  so  much  of  the  extent,  approved  as  aforesaid,  as  the  board 
of  railroad  commissioners  shall  certify,  after  public  notice  and 
a  hearing  upon  the  petition  of  the  president  or  a  majority  of 
the  directors  of  the  company  or  any  interested  party,  that  pub- 
lic necessity  and  convenience  require;  and  provided,  further,  that 
any  company  acting  under  authority  hereof  shall  be  subject  to 
such  regulations  and  restrictions  as  may  from  time  to  time  be 
made  by  the  local  authorities  aforesaid,  with  the  approval  of 
the  board  of  railroad  commissioners,  and  shall  also  be  subject 
to  the  provisions  of  all  laws  now  or  hereafter  in  force  relating 
to  common  carriers  so  far  as  they  shall  be  consistent  herewith 
and  with  said  regulations  and  restrictions. 

SECTION  11.  An  electric  railroad  company  shall  be  subject 
to  the  following  provisions  of  law  relative  to  street  railway 
companies  contained  in  Part  III  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six: 
section  thirty-four  of  said  chapter,  relative  to  the  acquisition  of 
recreation  grounds;  sections  fifty-nine  to  sixty-three,  inclusive, 
of  said  chapter,  relative  to  the  purchase  of  electricity  by  cities 
and  towns;  and  section  one  hundred  and  three  of  said  chapter, 
relative  to  the  increase  of  capital  stock  and  issue  of  bonds.  If 
the  railroad,  or  any  extension  thereof,  is  to  be  located  in  part 
longitudinally  upon  public  ways  and  places,  such  company  shall, 
upon  that  part  of  its  route,  also  be  subject  to  the  following 
provisions  of  law  relative  to  street  railway  companies:  sections 
thirty-two,  sixty-seven  to  seventy-two,  inclusive,  of  said  chap- 
ter, relative  to  locations;  section  sixty-four  of  said  chapter,  rela- 
tive to  extension  of  locations;  section  sixty-five  of  said  chapter, 
relative  to  alteration  of  locations;  section  sixty-six  of  said 
chapter,  relative  to  revocation  of  locations;  sections  seventy- 
three  to  eighty-one,  inclusive,  of  said  chapter,  relative  to  con- 
struction, use  or  discontinuance  of  tracks;  sections  thirty-six, 
thirty-seven,  thirty-eight,  eighty-two  to  ninety-five,  inclusive, 
of  said  chapter,  relative  to  operation;  sections  one  hundred 
and  thirteen  to  one  hundred  and  sixteen,  inclusive,  of  said 
chapter,  relative  to  crossings  of  steam  railroads;  sections  one 
hundred  and  fifty-five  to  one  hundred  and  fifty-seven,  inclusive, 
of  said  chapter,  relative  to  remedies  and  procedure  before  state 
boards. 

SECTION  12.  An  electric  railroad  company  shall  not  be  sub- 
ject to  the  following  provisions  of  law  relative  to  railroad  cor- 
porations contained  in  Part  II  of  said  chapter  four  hundred 
and  sixty-three:  so  much  of  section  twenty-two  of  said  chapter 
as  refers  to  tracks  laid  longitudinally  within  the  limits  of  a 
public  way;  so  much  of  section  forty-six  of  said  chapter  as  ap- 
plies to  grain  elevators;  sections  fifty-eight,  fifty-nine  and  sixty 
of  said  chapter,  relative  to  stock  or  bonds  of  other  corporations; 
sections  one  hundred  and  forty-seven,  one  hundred  and  fifty- 
six,  one  hundred  and  seventy-three  to  one  hundred  and  seventy- 


THE   ELECTRIC   RAILROAD   LAW. 


261 


six,  inclusive,  and  two  hundred  and  [forty-one,]  forty  of  said  op*5™*1011- 
chapter  relative  to  operation;    section  one  hundred  and  fifty-  Liability  to 
five  of  said  chapter  relative  to  the  obstruction  of  highways;  accidents.' 
and  so  much  of  section  two  hundred  and  [forty-three]  forty-two  1907^428',  §  s.] 
of  said  chapter  as  applies  to  locations  longitudinally  within  the 
limits  of  a  public  way;  but  the  board  of  railroad  commissioners  Powers  of  rail- 
shall  prescribe  rules  and  regulations  relative  to  the  equipment  aioners. 
of  cars,  the  ringing  of  bells,  the  sounding  of  whistles  and  the 
giving  of  signals,  for  the  prevention  of  accidents. 

Acts  of  1907,  Chapter  428,  §  3. 

SECTION  3.    Section  twelve  of  said  chapter  five  hundred  and  sixteen  1906,  sie,  §  12, 
is  hereby  amended  by  striking  out  the  word  "forty-one",  in  the  twelfth  amended- 
line,  and  inserting  in  place  thereof  the  word :  —  forty,  —  and  by  striking 
out  the  word  "forty-three",  in  the  fifteenth  line,  and  inserting  in  place 
thereof  the  word:  —  forty-two,  —  so  as  to  read  as  follows;  —  Section 
12.    [For  §  12  as  amended,  see  above.] 

SECTION  13.     Section  two  hundred  and  [thirty-three]  thirty-  Sections  of 
two  of  Part  II  of  said  chapter  four  hundred  and  sixty-three  law  applicable, 
shall  apply  to  an  electric  railroad  company,  with  the  addition,  tioM.mo' 
after  the  word  "track",  in  the  second  line  thereof,  of  the  words 
"not  within  the  limits  of  a  highway";    and  section  sixty-three 
of  Part  I  of  said  chapter  shall  apply  to  such  company,  with      cetc 
the  addition,  after  the  word   "upon",  in  the  fourteenth   line  [Amended, 
thereof,  of  the  words  "that  part  of",  and  after  the  word  "rail- 
road",  in  the  fourteenth  and  fifteenth  lines  thereof,   of  the 
words  "  not  within  the  limits  of  a  highway." 

Acts  of  1907  Chapter  428,  §  4. 

SECTION  4.    Section  thirteen  of  said  chapter  five  hundred  and  sixteen  igoe,  sis.  $  is, 
is  hereby  amended  by  striking  out  the  word  "thirty-three",  in  the  first  certain'' rovi- 
line,  and  inserting  in  place  thereof  the  word:  —  thirty-two,  —  so  as  to  sions  of  law  to 
read  as  follows:  —  Section  13.     Section  two  hundred  and  thirty-two  of  appy>etc- 
Part  II  of  said  chapter  four  hundred  and  sixty-three  shall  apply  to  an 
electric  railroad  company,  with  the  addition,  after  the  word  "track", 
in  the  second  line  thereof,  of  the  words  "not  within  the  limits  of  a  high- 
way";  and  section  sixty-three  of  Part  I  of  said  chapter  shall  apply  to 
such  company,  with  the  addition,  after  the  word  "upon",  in  the  four- 
teenth line  thereof,  of  the  words  "that  part  of",  and  after  the  word  "rail- 
road", in  the  fourteenth  and  fifteenth  lines  thereof,  of  the  words  "not 
within  the  limits  of  a  highway." 

SECTION  5.    This  act  shall  apply  to  all  pending  proceedings  under  said  T°  »pp!y  to 

,.«         ujj          j      •    A  pending  pro- 

chapter  five  hundred  and  sixteen.  ceedings. 

SECTION  6.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  17,  1907. 

TAXATION. 

A.     Corporate  Franchise  Tax. 
SECTION  14.     Every    electric    railroad    company    organized  Annual 

i  i  __a     i  i   i       •  i  i  •    •  returns  to  tax 

under  the  general  laws  ot  the  commonwealth,  in  addition  to  all  commissioner. 
returns  required  by  its  charter,  shall  annually,  between  the  first  a. 


262 


THE  ELECTRIC   RAILROAD   LAW. 


1865,  283,  §  3. 
1880,  117,  §  2. 
P.  S.  13,  §  38. 

1885,  238,  §  1. 

1886,  270. 
1888,  413,  §  24. 
1898,  417;  578, 
§2. 

R.  L.  14,  §  37. 
12  Allen,  75. 
98  Mass.  25. 
139  Mass.  561. 
144  Mass.  598 
146  Mass.  408. 
157  Mass.  70. 
[1  Op.  A.  G. 
278.] 

See  1909,  440, 
§  2,  for  amend- 
ment to  §§  14, 
15,  20. 


Valuation  of 
corporate 
franchise,  etc. 
Deductions. 

1864,  208, 
§§  5,  6. 

1865,  283, 
§§4,5. 
1880,  117,  §  2. 
P.  S.  13,  §§  39, 
40. 

1885,  238,  §  1. 

1886,  270. 
1898,  417. 

R.  L.  14,  §  38. 
13  Allen,  391. 
98  Mass.  19,  25. 
100  Mass.  184, 
399. 

125  Mass.  568. 
137  Mass.  80. 
139  Mass.  561. 
144  Mass.  598. 
146  Mass.  408. 
152  Mass.  372. 
157  Mass.  70. 
167  Mass.  522. 
163  U.  S.  1. 


Corporation 
to  appeal  from 
local  valua- 
tion, when. 
1865,  283,  §  6. 
P.  S.  13,  §41. 
1890,  127,  §  7. 
1898,  417. 
R.  L.  14,  §  39. 


Tax  to  be  paid 
on  corporate 
franchise. 


and  tenth  days  of  [May]  April,  return  to  the  tax  commissioner, 
under  the  oath  of  its  treasurer,  a  complete  list  of  its  shareholders, 
their  residences,  the  number  of  shares  belonging  to  each,  the 
amount  of  the  capital  stock  of  the  company,  its  place  of  busi- 
ness and  the  par  value  and  market  value  of  the  shares  made  up 
as  of  said  first  day  of  [May]  April.  If  stock  is  held  as  collateral 
security,  such  return  shall  state  the  name  and  residence  of  the 
pledgor  and  of  the  pledgee.  It  shall  also  contain  a  statement 
in  detail  of  the  works,  structures,  real  estate  and  machinery 
owned  by  said  company  and  subject  to  local  taxation  within  the 
commonwealth,  and  of  the  location  and  value  thereof.  Such 
company  shall  also  state  in  its  return  the  whole  length  of  its 
line,  and  so  much  of  the  length  of  its  line  as  is  without  the 
commonwealth,  and  so  much  as  is  constructed  on  private  land; 
also  the  length  of  track  operated  by  the  electric  railroad  com- 
pany in  each  city  and  town  on  the  thirtieth  day  of  September 
preceding  the  return,  to  be  determined  by  measuring  as  single 
track  the  total  length  of  all  tracks  operated  by  it,  including 
sidings  and  turn-outs,  whether  owned  or  leased  by  it  or  over 
which  it  has  trackage  rights  only;  and  the  amount  of  dividends 
paid  on  its  capital  stock  during  the  year  ending  on  such  pre- 
ceding thirtieth  day  of  September  and  during  each  year  from 
the  organization  of  the  company. 

SECTION  15.  The  tax  commissioner  shall  ascertain  from  the 
returns  or  otherwise  the  true  market  value  of  the  shares  of  each 
electric  railroad  company,  and  shall  estimate  therefrom  the  fair 
cash  value  of  all  of  said  shares  constituting  its  capital  stock  on  the 
preceding  first  day  of  [May]  April,  which,  unless  by  the  charter 
of  the  company  a  different  method  of  ascertaining  such  value  is 
provided,  shall,  for  the  purposes  of  this  act,  be  taken  as  the  true 
value  of  its  corporate  franchise.  From  such  value  there  shall 
be  deducted  so  much  of  the  value  of  its  capital  stock  as  is  pro- 
portional to  the  length  of  that  part  of  its  line,  if  any,  lying 
without  the  commonwealth;  and  also  the  value  of  its  real  estate 
with  machinery  subject  to  local  taxation  within  the  common- 
wealth. 

For  the  purposes  of  this  section,  the  tax  commissioner  may 
take  the  value  at  which  such  real  estate  and  machinery  are  as- 
sessed at  the  place  where  they  are  situated  as  the  true  value, 
but  such  local  assessment  shall  not  be  conclusive  of  the  true 
value  thereof. 

SECTION  16.  The  tax  commissioner  may  require  the  com- 
pany to  prosecute  an  appeal  from  the  valuation  of  its  real 
estate  or  machinery  by  the  assessors  of  a  city  or  town,  either 
to  the  county  commissioners  or  to  the  superior  court,  whose 
decision  shall  be  conclusive  upon  the  question  of  value.  Upon 
such  appeal  the  tax  commissioner  may  be  heard,  and  in  the 
superior  court  costs  may  be  awarded  as  justice  requires. 

SECTION  17.  Every  electric  railroad  company  subject  to  the 
provisions  of  section  fourteen  shall  annually  pay  a  tax  upon  its 


THE   ELECTRIC    RAILROAD   LAW. 


263 


corporate  franchise,  after  making  the  deductions  provided  for  Rate,  how  de- 

.  r,  ,  ,  t  i  termmed. 

in  section  fifteen,  at  a  rate  equal  to  the  average  of  the  annual  1864,  208,  §  5. 
rates  for  the  three  years  preceding  the  year  in  which  the  assessment  isso!  117!  §  2. 
is  laid,  the  annual  rate  to  be  determined  by  an  apportionment  i88fi,238?§i. 
of  the  whole  amount  of  money  to  be  raised  by  taxation  upon  |ff  |;  4™  §  24. 
property    in    the    commonwealth    during    the    same    year    as  ^  ;9£;  \\7^  40 
returned  by  the  assessors  of  the  several  cities  and  towns  under  ||8A"en>  75> 
the  provisions  of  section  ninety-three  of  chapter  twelve  of  the  98  Mass.  19, 
Revised   Laws,    and   amendments   thereof,    upon   the   aggregate  99'  Mass,  ue, 
valuation  of  all  cities  and  towns  for  the  preceding  year  as  los'Mass.  527. 
returned   under   sections   sixty   and   sixty-one   of  said   chapter  137  Mass!  so9' 
and  amendments  thereof;    but  if  the  return  from  any  city  or  HI  Mass!  fos". 
town  is  not  received  [prior  to  the  twentieth  day  of]  on  or  before  \^  Mass.  ™;, 
the  first  Monday  of  August,  the  amount  raised  by  taxation  in  6^  ulase'i2cf' 
such  city  or  town  for  the  preceding  year,  as  certified  to  the  Amended  by 

[f        i  i  ,  |  i      .  •      •  1        1909,  613,  §  3, 

secretary    or    the    commonwealth]    tax   commissioner    may    be  as  indicated. 

adopted  for  the  purpose  of  this  determination.  The  amount 
of  tax  assessed  upon  polls  for  the  preceding  year,  as  certified 
to  [said  secretary,]  the  tax  commissioner  may  be  taken  as  the 
amount  of  poll  tax  to  be  deducted  from  the  whole  amount  to 
be  raised  by  taxation,  in  ascertaining  the  amount  to  be  raised 
upon  property. 

B.     Additional  Corporate  Franchise  Tax. 

SECTION  18.     If  an  operating  electric  railroad  company,  in-  Additional  tax 
eluding  a  company  whose  lines  are  located  partly  within  and  SSbo»dcom- 
partly  without  the  limits  of  the  commonwealth,  has  paid  dur-  isgsT-in;  578, 
ing  the  year  ending  on  the  thirtieth  day  of  September  preced-  ^\  14  §  41 
ing  the  date  of  the  return  required  by  section  fourteen  divi-  p^.////'  490< 
dends  exceeding  in  the  aggregate  eight  per  cent  upon  its  cap-  §§39-51. 
ital  stock,  it  shall  for  every  such  year  in  addition  to  the  tax 
required  by  the  preceding  section  pay  a  tax  equal  to  the  amount 
of  such  excess  to  be  determined  as  therein  provided  by  the  tax 
commissioner;,  but  such  additional  tax  shall  not  be  imposed,  if, 
from  the  date  when  the  company  began  to  operate  its  railroad, 
it  has  not  paid  dividends  equivalent  in  the  aggregate  to  at  least 
six  per  cent  per  annum  upon  its  capital  stock  from  year  to  year. 

SECTION  19.     If  the  value  of  the  real  estate  and  machinery  Remedy  of 
of  an  electric  railroad  company  subject  to  local  taxation  within  ^h^asl'es"- 
the  commonwealth,  as  determined  by  the  tax  commissioner,  is  ^f^fe^a™ 
less  than  the  value  thereof  as  determined  by  the  assessors  of  exceeds  tax 

ii  i  i  •  11  111*  •  r»  commis- 

the  place  where  the  same  are  situated,  he  shall  give  notice  of  sioner's. 

,  •        j    ,  •        ,.  ,  .,,  .  1865,  283,  §6. 

his  determination  to  such  company;  and,  unless  within  one  P.  s.  is,  §  41. 
month  after  the  date  of  such  notice  it  applies  to  said  assessors  R89L.  i47'§  42. 
for  an  abatement,  and,  upon  their  refusal  to  grant  an  abate-  ife  Mass!  403. 


ment,    prosecutes   an   appeal   under   the   provisions   of   section  \^  JJ*^-  ff|- 
seventy-seven  of  chapter  twelve  of  the  Revised  Laws,  giving 
notice  thereof  to  the  tax  commissioner,  the  valuation  of  said 
commissioner  shall  be  conclusive  upon  said  company. 


264 


THE   ELECTRIC   RAILROAD   LAW. 


Exemption 
from  local 
taxation. 
Apportion- 
ment. 

1864,  208,  §§8, 
15. 

1865,  283,  §  15. 

1866,  291,  §  2. 
P.  S.  13,  §  57. 
1887,  228. 
1888,413,  §  23. 
1898,  417;  578, 
§§  4,  26. 

1900,  413,  §  5. 

1901,  413,  §  4. 
R.  L.  14,  §  61. 
135  Mass.  560. 
139  Mass.  559. 


Amended, 
1909,  440,  §  2. 


Tax  commis- 
sioner to  deter 
mine  amounts 
due  to  cities 
and  towns. 
1865,  283, 
P.  S.  13,  § 
1898,  578, 
§§  4,  5. 
R.  L.  14.  §  62. 


15. 


C.     Exemption  and  Apportionment. 

SECTION  20.  No  taxes  shall  be  assessed  in  a  city  or  town 
for  state,  county  or  town  purposes  upon  the  shares  in  the  cap- 
ital stock  of  an  electric  railroad  company  for  any  year  for 
which  it  pays  to  the  treasurer  and  receiver  general  a  tax  on  its 
corporate  franchise.  Such  proportion  of  the  tax  collected  of 
each  electric  railroad  company  under  the  provisions  of  sections 
seventeen  and  eighteen  as  corresponds  to  the  proportion  of  its 
line  constructed  on  private  land,  shall  be  distributed,  credited 
and  paid,  in  the  ratio  of  the  amount  of  its  stock  owned  by  per- 
sons residing  in  this  commonwealth,  to  the  several  cities  and 
towns  in  which,  from  the  returns  or  other  evidence,  it  appears 
that  such  persons  resided  on  the  preceding  first  day  of  [May] 
April,  according  to  the  number  of  shares  so  held  in  such  cities  and 
towns  respectively.  If  stock  is  held  by  co-partners,  guardians, 
executors,  administrators  or  trustees,  the  proportion  of  tax  cor- 
responding to  the  amount  of  stock  so  held  shall  be  credited  and 
paid  to  the  cities  and  towns  where  the  stock  would  have  been 
taxed  under  the  provisions  of  clauses  four,  five,  six  and  seven 
of  section  twenty-three  and  of  section  twenty-seven  of  chapter 
twelve  of  the  Revised  Laws.  Such  proportion  of  the  tax  col- 
lected from  any  such  electric  railroad  company  under  the  pro- 
visions of  sections  seventeen  and  eighteen  as  corresponds  to  the 
proportion  of  its  line  located  longitudinally  upon  public  ways 
and  places,  shall  be  distributed,  credited  and  paid  to  the  sev- 
eral cities  and  towns  in  proportion  to  the  length  of  tracks  op- 
erated by  such  company  in  such  cities  and  towns  respectively. 
The  share  of  the  tax  paid  by  an  electric  railroad  company  in 
respect  of  its  tracks  upon  locations  granted  by  the  board  of 
metropolitan  park  commissioners  or  by  the  Wachusett  moun- 
tain state  reservation  commission  shall  be  apportioned  to  the 
commonwealth  and  shall  be  credited  by  the  treasurer  and  re- 
ceiver general  to  the  sinking  fund  of  the  loan  .to  which  the 
expenditure  for  the  road,  boulevard,  park  or  reservation  on 
which  the  tracks  are  located  was  charged. 

SECTION  21.  The  tax  commissioner  shall,  subject  to  appeal 
to  the  board  of  appeal,  ascertain  and  determine  the  amount  due 
to  each  city  and  town  under  the  provisions  of  the  preceding 
section,  notify  the  treasurer  of  each  city  and  town  thereof,  and 
certify  the  amount  as  finally  determined,  to  the  treasurer  and 
receiver  general,  who  shall  thereupon  pay  over  the  same. 


Returns  of 


1898,  4i7;  578. 
R.  L.  14,  §  43. 


D.   Commutation  Tax. 

SECTION  22.  An  electric  railroad  company,  including  a  com- 
pany  whose  lines  are  located  partly  within  and  partly  without 
the  limits  of  the  commonwealth,  shall  annually,  on  or  before 
the  fift^n^  day  of  October,  make  and  file  in  the  office  of  the 
board  of  assessors  of  every  city  and  town  in  which  any  part  of 


THE  ELECTKIC  RAILROAD  LAW.  265 

the  railroad  operated  by  it  is  situated  a  return  signed  and  sworn 
to  by  its  president  and  treasurer,  stating  the  length  of  track 
operated  by  it  longitudinally  upon  public  ways  and  places  in 
such  city  or  town,  and  also  the  total  length  of  track  operated 
by  it,  determined  as  provided  in  section  fourteen,  and  also  the 
amount  of  its  gross  receipts  during  the  year  ending  on  the  pre- 
ceding thirtieth  day  of  September,  including  therein  all  amounts 
received  by  it  from  the  operation  of  its  railroad,  but  excluding 
income  derived  from  sale  of  power,  rental  of  tracks  or  other 
sources. 

SECTION  23.     On  or  before  the  first  day  of  November  an-  Excise  tax. 
nually,  the  assessors  of  every  city  and  town  in  which  an  elec-  §87.8' 417: 578> 
trie  railroad  is  operated,  including  a  company  whose  lines  are  R' L' 14>  §  44 
located   partly   within   and   partly   without   the   limits  of  the 
commonwealth,  shall  assess  on  every  company  described  in  the 
preceding  section  operating  a  railroad  therein  an  excise  tax  of 
an  amount  equal  to  such  proportion  of  the  following  percent- 
ages of  the  gross  receipts  of  such  company  as  the  length  of 
tracks  operated  by  it  longitudinally  upon  the  public  ways  and 
places  of  such  city  or  town  bears  to  the  total  length  of  tracks 
operated  by  it. 

The  percentages  shall  be  based  upon  the  annual  gross  re- 
ceipts for  each  mile  of  track  as  follows  and  computed  upon  the 
aggregate  of  such  annual  gross  receipts:  four  thousand  dollars 
or  less,  one  per  cent;  more  than  four  thousand  dollars  and  less 
than  seven  thousand,  two  per  cent;  more  than  seven  thousand 
dollars  and  less  than  fourteen  thousand,  two  and  one  quarter 
per  cent;  more  than  fourteen  thousand  dollars  and  less  than 
twenty-one  thousand,  two  and  one  half  per  cent;  more  than 
twenty-one  thousand  dollars  and  less  than  twenty-eight  thou- 
sand, two  and  three  quarters  per  cent;  twenty-eight  thousand 
dollars  or  more,  three  per  cent. 

The  excise  tax  provided  for  by  this  section  shall  be  in  addi- 
tion to  the  taxes  otherwise  provided  by  law. 

SECTION  24.  The  aldermen  of  a  city,  the  selectmen  of  a  Revision  of 
town  or  an  electric  railroad  company  operating  in  such  city  or  isg's,  578,  §  s. 
town  may  petition  the  board  of  railroad  commissioners  for  a  R  L- 14>  §  45- 
revision  of  the  amount  of  excise  tax  to  be  paid  by  a  company 
under  the  provisions  of  the  preceding  section.  Said  board 
shall,  upon  such  petition,  after  public  notice  and  a  hearing  at 
which  the  aldermen  or  selectmen  and  the  company  may  submit 
evidence,  determine  the  average  annual  cost  to  such  city  or 
town  of  the  work  done  by  it  during  the  preceding  three  years 
under  the  provisions  of  said  chapter  four  hundred  and  sixty- 
three,  which  a  street  railway  company  was  not  by  law  required 
to  do  prior  to  the  first  day  of  October  in  the  year  eighteen  hun- 
dred and  ninety-eight,  and  also  the  average  annual  payments 
made  by  said  company  to  said  city  or  town  under  and  pur- 
suant to  the  provisions  of  the  preceding  section  during  said 
three  years;  and  having  determined  said  average  annual  cost 


266 


THE  ELECTRIC  RAILROAD  LAW. 


Notice  to  tax 
collector  of 
amount  of 
excise  tax. 
1898,  578,  §  9. 
R.  L.  14,  §  46. 


and  average  annual  payments,  said  board  shall  fix  and  deter- 
mine the  proportidn  of  a  percentage  of  the  gross  receipts  which 
shall  be  paid  as  an  excise  tax  under  the  provisions  of  said 
section  by  the  company  to  said  city  or  town  annually  there- 
after, such  percentage  to  be  fixed  at  such  a  rate  as  will  be 
necessary  to  yield  to  the  city  or  town  annually  thereafter  an 
amount  equal  to  the  average  annual  cost  to  the  city  or  town 
determined  as  aforesaid;  and  the  percentage  so  fixed  shall  not 
again  be  changed  for  the  period  of  three  years  and  then  only 
in  the  manner  herein  provided.  Said  board  may  at  any  time 
upon  petition  therefor  by  a  city  or  town  entitled  to  a  part  of 
the  excise  tax  paid  by  an  electric  railroad  company,  after  such 
notice  as  the  board  may  order  to  all  other  cities  and  towns 
entitled  to  share  in  the  excise  tax  paid  by  said  company,  and 
after  a  hearing,  determine  as  to  the  distribution  thereof  among 
the  several  cities  and  towns  in  wThich  such  company  operated 
any  part  of  its  railroad,  and  fix  the  proportions  thereof  to 
which  they  shall  respectively  be  entitled,  which  shall  there- 
after be  the  proportions  of  said  excise  tax  to  be  assessed  upon 
said  company,  instead  of  the  proportion  based  upon  length  of 
tracks  as  hereinbefore  provided. 

SECTION  25.  Prior  to  the  fifteenth  day  of  November  in  each 
year  the  assessors  of  every  city  and  town  shall  notify  the  col- 
lector of  taxes  thereof  of  the  amount  of  excise  tax  assessed 
therein  under  the  provisions  of  section  twenty-three,  and  the 
collector  shall  forthwith  notify  the  treasurer  of  every  -electric 
railroad  company  of  the  amount  of  excise  tax  so  assessed  upon 
it,  which  shall  become  due  and  payable  within  thirty  days  after 
the  receipt  of  such  notice.  The  provisions  of  chapter  thirteen 
of  the  Revised  Laws,  so  far  as  they  may  be  appropriate,  shall 
apply  to  the  collection  of  the  said  excise  tax. 


E,   Application  of  Taxes. 

Application  of        SECTION  26.     All  taxes  which  are  collected  from  an  electric 
lilies,  §  10.  railroad  company  and  paid  to  cities  and  towns  under  the  pro- 
R.  L.  i4,  §  4/.    v's'ons  of  the  preceding  section  and  of  section  twenty-one  shall 
be  applied  toward  the  construction,  repair  and  maintenance  of 
the  public  ways  and  places  in  which  the  tracks  of  such  com- 
pany are  located,  and  to  the  removal  of  snow  from  such  public 
ways  and  places  within  such  cities  and  towns. 


Interested 
parties. 


INTERESTED   PARTIES. 

SECTION  27.  In  any  proceeding  under  this  act  before  the 
board  of  railroad  commissioners,  the  mayor  and  aldermen  of 
any  city  or  the  selectmen  of  any  town,  any  person  whose  land 
is  to  be  taken  or  whose  estate  abuts  upon  any  highway  through 
which  the  electric  railroad  is  to  pass,  and  any  railroad  corpora- 
tion or  street  railway  company  which  has  a  location  in  any  city 


THE   ELECTRIC   RAILROAD   LAW.  267 

or  tywn  included  within  the  proposed  route  of  the  electric  rail- 
road company,  shall  be  considered  an  interested  party.  [Ap- 
proved June  22,  1906. 

F. 

Section  28.     The  location,  construction,  maintenance,  or  opera-  Location, 'con- 

..,,.  F          •?  7     •  f  ,7  7,7  struction,  etc., 

tion  of  said  lines  of  railroad  in  so  far  as  the  same  are  located  of  certain  lines 
longitudinally  upon  an  elevated  structure  upon  a  public  way  or  be  "deemed  an 
place  shall  be  deemed  an  additional  servitude,  and  shall  entitle  servitude,  etc. 
lessees,  mortgagees  and  other  parties  having  an  estate  in  such 
public  ways  or  places,  or  in  premises  which  abut  thereon,  and  who 
are  damaged  by  reason  of  the  location,  construction,  maintenance 
and  operation  of  said  lines  of  railroad,  to  recover  reasonable  com- 
pensation in  the  manner  herein  provided.  Any  such  person  may, 
at  any  time  within  three  years  after  the  construction  of  such  rail- 
road longitudinally  upon  a  public  way  or  place,  file  in  the  clerk's 
office  of  the  superior  court  for  the  county  where  the  said  premises 
lie,  a  petition  setting  forth  his  claim  against  the  corporation  own- 
ing or  operating  the  same,  and  the  amount  thereof.  He  shall  give 
to  said  corporation  fourteen  days'  notice  of  the  filing  of  such  peti- 
tion, and  answer  thereto  shall  be  filed  by  said  corporation  within 
thirty  days  after  the  return  day  of  such  notice. 

Section  29.     The  said  petition  shall  be  heard  before  a  jury,  if  Petition  to 
either  party  claims  that  right  at  the  time  of  the  filing  of  the  peti-  beforea  jury 
tion,  or  within  ten  days  after  the  filing  of  the  answer  thereto;  cases'!  etc. 
otherwise,  the  same  shall  be  heard  before  the  court  without  a  jury. 
The  finding  shall  be  on  the  following  questions,  to  wit:  First,  Has 
the  petitioner's  estate  been  damaged  more  than  it  has  been  bene- 
fited or  improved  in  value  by  reason  of  the  location,  construction, 
maintenance  or  operation  of  such  railroad?     Second,  If  so,  how 
much?     If  the  answer  to  the  first  question  shall  be  "No",  a  ver- 
dict shall  be  rendered  for  the  corporation;  otherwise,  a  verdict  shall 
be  rendered  for  the  petitioner  for  the  amount  found  in  answer  to  the 
second  question,  including  interest  from  the  day  of  the  filing  of  the 
petition. 

Acts  of  1907,  Chapter  448. 

An  Act  relative  to  Recovery  of   Damages  by  Abutters  on  Locations  of 

Electric  Railroads. 

SECTION  1.  Chapter  five  hundred  and  sixteen  of  the  acts  of  the  year 
nineteen  hundred  and  six  is  hereby  amended  by  adding  the  following 
sections  at  the  end  of  said  chapter,  under  the  heading  F.  [For  new  §§  28 
and  29,  see  above.} 

Acts  of  1907,  Chapter  556,  §  1. 

An  Act  to  extend  the  Provisions  of  Law  relative  to  Electric  Railroad  Com- 
panies to  the  Form  of  Railway  known  as  the  Boynton  Bicycle  Railway. 

SECTION  1.  The  provisions  of  chapter  five  hundred  and  sixteen  of  the 
acts  of  the  year  nineteen  hundred  and  six  and  all  acts  in  addition  thereto 
and  in  amendment  thereof  shall,  so  far  as  they  are  applicable,  apply  to 
the  construction,  operation  and  maintenance  of  the  form  of  railway  known 
as  the  "Boynton  Bicycle  Railway." 


268 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


TELEPHONE  AND  TELEGEAPH  LAWS, 


The  [Massa- 
chusetts high- 
way] public 
service  com- 
mission to 
have  super- 
vision of 
companies 
transmitting 
intelligence  by 
electricity,  etc. 
Amended, 
1913,  784,  §  3. 
See  below. 


Compensation. 


Issue  of 
capital  stock. ' 
1875,  161. 
P.  S.  110,  §7. 
1894,  450,  §  1 ; 
452,  §  1;462,  § 
1. 

1897,  337,  §  1. 
[1  Op.  A.  G. 
659.] 

179  Mass.  15. 

180  Mass.  325. 
199  Mass.  352. 
[£Op.  A.G. 
68.] 

190$,  441- 

1903,  437,  §  95. 
1906,  463, 
Part  77,  §  258; 
Part  III,  §  158. 
See  1903,  437, 
§  /;  1906,  463, 
Part  77,  §  65; 
Part  III,  §  107. 
A  mended. 
See  1913,  784, 
§  3.     See 
below. 


CHAPTER  433  OF  THE  ACTS  OF  1906. 

AN  ACT  RELATIVE  TO  THE  SUPERVISION  BY  THE  MASSA- 
CHUSETTS HIGHWAY  COMMISSION  OF  ALL  COMPANIES 
ENGAGED  IN  THE  TRANSMISSION  OF  INTELLIGENCE 
BY  ELECTRICITY. 

SECTION  1.  The  [Massachusetts  highway]  public  service  com- 
mission shall  have  general  supervision  of  all  companies  engaged 
in  the  transmission  of  intelligence  by  electricity  within  this 
commonwealth,  and  shall  make  all  necessary  examinations  and 
inquiries  and  keep  themselves  informed  as  to  the  compliance 
of  all  such  companies  with  the  provisions  of  law.  None  of  said 
commissioners  shall  be  in  the  employ  of  or  own  any  stock  in 
any  company  engaged  in  the  transmission  of  intelligence  by 
electricity  in  this  commonwealth,  or  be  in  any  way,  directly 
or  indirectly,  pecuniarily  interested  in  the  manufacture  or  sale 
of  any  article  or  commodity  used  by  such  companies,  or  for 
any  purpose  connected  with  the  business  of  transmission  of 
intelligence  by  electricity,  nor  shall  he  be  connected  with,  or  in 
the  employ  of  any  person,  partnership,  association  or  corporation 
which  finances  any  such  company.  Each  member  of  said  com- 
mission shall  receive  from  the  commonwealth  annually  fifteen 
hundred  dollars  in  addition  to  the  compensation  now  provided 
by  law. 

Revised  Laws,  Chapter  109,  §§  24,  27. 
ISSUE   OF   STOCK   AND    BONDS. 

SECTION  24.  Railroad  corporations  and  street  railway  companies  shall 
issue  only  such  amounts  of  stock  and  bonds,  coupon  notes  and  other  evi- 
dences of  indebtedness  payable  at  periods  of  more  than  twelve  months 
after  the  date  thereof,  and  gas  and  electric  light  companies,  corporations 
established  for  and  engaged  in  the  business  of  transmitting  intelligence  by 
electricity,  aqueduct  and  water  companies,  shall  issue  only  such  amount 
of  stock  and  bonds,  as  the  board  of  railroad  commissioners  in  the  case  of 
railroad  corporations  or  street  railway  companies,  the  board  of  gas  and 
electric  light  commissioners  in  the  case  of  gas  or  electric  light  companies, 
may  from  time  to  time  vote,  or  the  commissioner  of  corporations  in  the 
case  of  the  other  corporations  hereinbefore  specified  may  from  time  to 
time  determine,  is  reasonably  necessary  for  the  purpose  for  which  such 
issue  of  stock  or  bonds  has  been  authorized.  Said  boards  or  commissioner 
shall  render  a  decision  upon  an  application  for  such  issue  within  thirty 
days  after  the  final  hearing  thereon.  Such  decision  shall  be  in  writing, 
shall  assign  the  reasons  therefor,  shall,  if  authorizing  such  issue,  specify 
the  respective  amounts  of  stock  or  bonds,  or  of  coupon  notes  or  other 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  269 

evidences  of  indebtedness  as  aforesaid,  which  are  authorized  to  be  issued 
for  the  respective  purposes  to  which  the  proceeds  thereof  are  to  be  applied, 
shall,  within  seven  days  after  it  has  been  rendered,  be  filed  in  the  office  of 
the  board  or  commissioner  rendering  it  and  a  certificate  of  the  vote  of  the 
board  or  of  the  decision  of  the  commissioner  shall,  within  three  days  after 
such  decision  has  been  rendered  and  before  the  stock  or  bonds  or  coupon 
notes  or  other  evidences  of  indebtedness  as  aforesaid  are  issued,  be  filed 
in  the  office  of  the  secretary  of  the  commonwealth,  and  a  duplicate  thereof 
delivered  to  the  corporation  which  shall  enter  the  same  upon  its  records. 
A  company  which  is  within  the  provisions  of  this  section  shall  not  apply 
the  proceeds  of  such  stock  or  bonds  or  coupon  notes  or  other  evidences  of 
indebtedness  as  aforesaid  to  any  purpose  not  specified  in  such  certificate. 
The  provisions  of  this  section  shall  not  require  the  approval  of  the  board- 
of  railroad  commissioners  to  the  issue  by  any  railroad  corporation  of 
capital  stock  or  bonds,  or  of  coupon  notes  or  other  evidences  of  indebted- 
ness as  aforesaid,  duly  authorized  by  law  of  this  commonwealth,  the  pro- 
ceeds of  which  are  to  be  expended  in  another  state  or  country  or  which 
are  to  pay  for  borrowed  money  expended  in  another  state  or  country. 

SECTION  27.    The  supreme  judicial  court  or  the  superior  court  shall  Enforcement 
have  jurisdiction  in  equity,  upon  the  application  of  the  board  of  railroad  1894, 450,  §  3; 
commissioners,  the  board  of  gas  and  electric  light  commissioners,  the  |5|;  * 3;462> 
commissioner  of  corporations,  respectively,  of  the  attorney  general,  of  J896, 473. 
any  stockholder  or  of  any  interested  party,  to  enforce  the  provisions  of  §  95'. 
the  three  preceding  sections  and  all  lawful  orders  and  decisions,  conditions  j^f //^'  sss; 
or  requirements  of  said  boards  or  commissioner  made  in  pursuance  thereof.  Part  ni>  § 15'8- 

See  1903,  437,  §  1;  1906,  463,  Part  II,  §§  67,  68;  Part  III,  §§  109,  110. 
Amended,  1918,  784,  I  3.     See  below. 

Acts  of  1913,  Chapter  784,  §  3. 

SECTION  3.    Sections  twenty-four  and  twenty-seven  of  chapter  one  R.  L.  109, 
hundred  and  nine  of  the  Revised  Laws  are  hereby  amended  by  substitut-  |mended. 
ing  for  the  words  "commissioner  of  corporations",  and  for  any  other  word 
or  words  intended  to  designate  said  commissioner  of  corporations  in  each 
of  said  sections,  whenever  any  jurisdiction  is  conferred  with  respect  to 
corporations  established  for  and  engaged  in  the  business  of  transmitting 
intelligence  by  electricity,  the  words :  —  public  service  commission.     Chap-  iooe,  433 
ter  four  hundred  and  thirty-three  of  the  acts  of  the  year  nineteen  hundred  l^epeaied 
and  six  is  hereby  amended  by  substituting  in  place  of  the  words  "Massa- 
chusetts highway  commission",  and  any  other  word  or  words  intended 
to  designate  the  Massachusetts  highway  commission  wherever  used  in 
said  act,  the  words:  —  public  service  commission,  —  and  said  act  is  fur- 
ther amended  by  repealing  section  three  thereof.    Nothing  in  this  act 
shall  affect  the  compensation  at  present  paid  to  the  members  of  the  Massa- 
chusetts highway  commission. 

SECTION  2.     Said  commission  may  expend  in  the  perform-  Expenses. 
ance  of  its  duties  under  this  act  for  necessary  statistics,  books, 
stationery,  clerical,  travelling  and  incidental  expenses,  a  sum 
not  exceeding  six  thousand  dollars  annually. 

[SECTION  3.     All  sums  of  money  annually  appropriated  for  Amount  of 
the  additional  salaries  and  expenses  of  the  Massachusetts  high-  apportioned  e 
way  commission  required  by  this  act  shall  be  apportioned  by 
the  tax  commissioner  among  the  several  companies  engaged  in 
the  business  of  the  transmission  of  intelligence  by  electricity 
within  the  commonwealth;    and  on  or  before  the  first  day  of 


270 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


Annual 
report. 


Hearing  to 
be  given  on 
complaint 
relative  to 
service,  etc. 


July  in  each  year  he  shall  assess  upon  each  of  said  companies 
its  share  of  such  sums  in  proportion  to  its  gross  earnings  in 
this  commonwealth  for  the  year  last  preceding  the  year  in 
which  the  assessment  is  made;  and  such  assessment  shall  be 
collected  in  the  same  manner  as  taxes  upon  corporations.] 

SECTION  4.  Said  commission  shall  annually,  on  or  before 
the  first  Wednesday  in  January,  transmit  to  the  secretary  of 
the  commonwealth  a  report  to  the  general  court  of  all  pro- 
ceedings under  the  provisions  of  this  act  during  the  period 
covered  by  the  report,  together  with  such  suggestions  as  to  the 
condition  or  conduct  of  companies  engaged  in  the  transmission 
of  intelligence  by  electricity  as  the  said  commission  may  deem 
expedient. 

SECTION  5.  Upon  complaint  in  writing  relative  to  the  service 
or  charges  for  service  in,  to  or  from  any  city  or  town  in  the 
commonwealth  as  rendered  or  made  by  any  company  engaged 
therein  in  the  transmission  of  intelligence  by  electricity,  signed 
by  the  mayor  of  the  city  or  the  selectmen  of  the  town,  or  by 
twenty  customers  of  the  company,  the  commission  shall  notify 
the  company  by  leaving  at  its  office  or  place  of  business  in 
such  city  or  town  a  copy  of  the  complaint,  and  shall  thereupon, 
after  notice,  give  a  public  hearing  to  the  complainant  or  com- 
plainants and  to  the  company,  and  after  the  hearing  may  make 
such  recommendations  concerning  the  reduction,  modification 
or  continuation  of  such  charges  for  service,  or  concerning  im- 
provements in  the  quality  of  the  service,  or  concerning  such 
other  matters  in  the  premises  as  the  commission  shall  deem  just 
and  proper.  Any  such  recommendations  shall  be  transmitted 
in  writing  by  the  commission  to  the  company  complained  of, 
and  a  report  of  the  proceedings  and  of  the  result  thereof  shall 
be  included  in  the  annual  report  of  the  commission,  together 
with  a  statement  of  the  action,  if  any,  which  the  company  has 
taken  on  the  recommendation. 


Orders  of 
commission, 
service  of. 


Acts  of  1913,  Chapter  784,  §  26. 

SECTION  26.  Every  order  of  the  commission  shall  be  served  upon 
every  person  or  corporation  to  be  affected  thereby,  either  by  personal 
delivery  of  a  certified  copy  thereof,  or  by  mailing  a  certified  copy  thereof, 
in  a  sealed  package  with  postage  prepaid,  to  the  person  to  be  affected 
thereby  or,  in  the  case  of  a  corporation,  to  any  officer  or  agent  thereof 
upon  whom  a  summons  may  be  served  under  the  laws  of  this  common- 
wealth. It  shall  be  the  duty  of  every  person  and  corporation  to  notify 
the  commission  forthwith,  in  writing,  of  the  receipt  of  the  certified  copy 
of  every  order  so  served,  and  in  the  case  of  a  corporation  such  notifica- 
tion shall  be  signed  and  acknowledged  by  a  person  or  officer  duly  author- 
ized by  the  corporation  to  admit  such  service.  Within  a  time  specified 
in  the  order  of  the  commission  every  person  and  corporation  upon  whom 
it  is  served  shall,  if  so  required  in  the  order,  notify  the  commission  in  like 
manner  whether  the  terms  of  the  order  are  accepted  and  will  be  obeyed. 
Every  order  of  the  commission  shall  take  effect  at  a  time  therein  specified 
and  shall  continue  in  force  either  for  a  period  which  may  be  designated 
therein  or  until  changed  or  abrogated  by  the  commission. 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


271 


SECTION  6.     If  a  company  engaged  in  the  transmission  of  Jeneeraifctoney 
intelligence  by  electricity  violates  or  neglects  in  anv  respect  takeproceed- 

r  ,        ,  .   .  „  .  ,         "          .      .         mgs  in  cer- 

to  comply  with  the  provisions  or  any  law,  said  commission  tam  cases, 
shall  give  due  notice  thereof  in  writing  to  such  company  and 
to  the  attorney-general,  who  shall  take  such  proceedings  thereon 
as  he  may  deem  expedient. 

SECTION  7.     The    supreme    judicial    court    or    the    superior  Supreme 
court  shall  have  jurisdiction  in  equity,   upon  the  application  to  have  °c 
of  said  commission,  to  enforce  all  lawful  orders  of  the  com-  juri 
mission  and  all  provisions  of  law  herein  contained. 

SECTION  8.     Every  company  engaged  in  the  business  of  the  Annual 
transmission  of  intelligence  by  electricity  within  the  common-  made?etc. 
wealth  shall  annually,  on  or  before  the  first  day  of  October  ^oct.^s^  190?,' 
in  each  year  after  the  year  nineteen  hundred  and  six,  submit  f^  Rep-  p- 
to  said  commission  a  report  of  its  doings  for  the  year  ending 
on  such  date  or  dates  preceding  as  said  commission  may  desig- 
nate, which  report  shall  be  in  such  form  and  detail  as  the  com- 
mission may  from  time  to  time  prescribe,  and  shall  be  called 
the  "Annual  Return."     Such  return  shall  be  sworn  to  by  the 
treasurer  and  by  the  chief  accounting  officer  of  such  company, 
and  shall  include  a  statement  of  its  business,  receipts  and  ex- 
penditures   within    the    commonwealth    during    the    year,    its 
dividends  paid  out  and  declared,  the  amount  of  its  authorized 
capital  and  its  indebtedness  and  financial  condition,  on  such 
date  or  dates  as  said  commission  may  designate. 

SECTION  9.  Any  company  engaged  in  the  business  of  the  Penalty  for 
transmission  of  intelligence  by  electricity  within  the  common-  mlkTretum. 
wealth  neglecting  to  make  the  annual  return  required  by  the 
preceding  sections  shall,  for  the  first  fifteen  days  or  portion 
thereof  during  which  such  neglect  continues,  forfeit  five  dollars 
a  day;  for  the  second  fifteen  days  or  any  portion  thereof,  ten 
dollars  a  day;  and  for  each  day  thereafter  a  sum  not  exceed- 
ing fifteen  dollars  a  day.  If  any  company  unreasonably  refuses 
or  neglects  to  make  such  return,  it  shall,  in  addition  thereto, 
forfeit  not  more  than  five  hundred  dollars  for  each  offence. 
All  forfeitures  recovered  under  the  provisions  of  this  act  shall 
be  paid  into  the  treasury  of  the  commonwealth. 

SECTION  10.     In  addition  to  the  annual  return  required  by  Companies 
section   eight,   every   such   company   shall   at  all  times,   upon  information, 
request,   furnish  to  the  said   commission  any  information  re-  etc' 
quired  by  the  commission  concerning  the  condition,  manage- 
ment and  operation  of  its  business  within  the  commonwealth, 
or  concerning  its  rates  or  charges  or  the  facilities  afforded  by 
it  to  the  public  therein,  and  shall  comply  with  all  lawful  orders 
of  said  commission  and  the  commission  may  at  all  reasonable 
times  have  access  to  the  books  of  such  company. 

SECTION  11.     Every  company  engaged  in  the  business  of  the  Books  and 

.      .  .    .     .    ,,.  ,  i       ,    .    ..  .,,  .        .,  accounts. 

transmission  or  intelligence  by  electricity  within  the  common- 
wealth shall  keep  its  books  and  accounts  covering  the  business 
done  within  the  commonwealth  in  a  form  approved  by  said 
commission. 


272 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


The  word 

"company" 

defined. 


Witnesses 
may  be  sum- 
moned, etc. 


When  to 

take  effect. 


SECTION  12.  The  word  "company"  shall  include  every 
person,  partnership,  association  and  corporation  engaged  in  the 
business  of  the  transmission  of  intelligence  by  electricity. 

SECTION  13.  In  all  investigations  made  by  the  board,  and 
in  all  proceedings  before  it,  any  member  thereof  may  summon 
witnesses  in  behalf  of  the  commonwealth,  and  may  administer 
oaths  and  take  testimony.  The  fees  of  such  witnesses  for 
attendance  and  travel  shall  be  the  same  as  for  witnesses  before 
the  superior  court,  and  shall  be  paid  by  the  commonwealth 
upon  the  certificate  of  the  board  filed  with  the  auditor. 

SECTION  14.  This  act  shall  take  effect  on  the  first  day  of 
July,  nineteen  hundred  and  six. 

Approved    May   31,    1906. 


Revised  Laws,  Chapter  25. 

OF  TOWNS  AND  TOWN  OFFICERS. 


Towns  may 
construct  tele- 
graph lines. 
1869,  457,  §  1. 
P.  S.  27,  §  44. 


—  may  au- 
thorize private 
lines. 

1869,  457,  §  2. 
P.  S.  27,  §  45. 
1883,  221. 
1889,  434. 
1895,  350. 
1906,  463, 
Part  HI, 
§§  64-66  (see 
pp.  204-207). 


1911,  442 
(see  p.  177); 
481  (see  p.  276). 


Penalty  for 

injury  to 

same. 

1869,  457,  §  3. 

P.  S.  27,  §  46. 


Towns  may 
regulate  tele- 
graph, etc., 
wires. 

1880,  83,  §  1. 
P.  S.  27,  §  47. 
1883,  221. 


SECTION  51.  A  town  may  construct  telegraph  lines  for  its 
own  use  upon,  along  and  under  the  public  ways  and  squares 
within  its  limits,  subject  to  the  provisions  of  chapter  one 
hundred  and  twenty-two,  so  far  as  applicable. 

SECTION  52.  The  selectmen  may,  upon  terms  and  conditions 
prescribed  by  them,  and  subject  to  the  provisions  of  chapter 
one  hundred  and  twenty-two,  so  far  as  applicable,  authorize 
a  person  to  construct  lines  for  private  use  upon,  along  and 
under  the  public  ways  of  the  town  for  the  transmission,  by 
electricity,  of  light,  or  of  heat  or  power,  except  such  as  is  used 
by  street  railway  companies  or  for  the  transmission,  by  elec- 
tricity or  otherwise,  of  intelligence  by  telegraph  or  telephone. 
Upon  the  construction  of  such  line,  the  poles  and  structures 
thereof  within  the  location  of  such  ways  shall  become  the  prop- 
erty of  the  town,  and  the  selectmen  may  regulate  and  control 
the  same,  may  at  any  time  require  the  persons  using  the  same 
to  make  alterations  in  the  location  or  construction  thereof  and 
may,  after  notice  and  a  hearing,  order  the  removal  thereof. 
The  town  may  at  any  time  attach  wires  for  its  own  use  to 
such  poles  and  structures,  and  the  selectmen  may  permit  other 
persons  to  attach  wires  for  their  private  use  thereto  or  to  poles 
and  structures  constructed  by  the  town,  and  may  prescribe 
reasonable  terms  and  conditions  therefor. 

SECTION  53.  Whoever  unlawfully  injures  or  destroys  any 
wire,  pole,  structure  or  fixture  of  any  such  line  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  hundred  dollars  or  by 
imprisonment  for  not  more  than  two  years,  or  by  both  such 
fine  and  imprisonment. 

SECTION  54.  The  selectmen  may,  within  their  respective 
towns,  permit  telegraph  and  telephone  lines  to  be  laid  under 
any  way  or  square,  and  may  establish  reasonable  regulations 
for  the  erection  and  maintenance  of  all  lines  for  the  transmis- 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  273 

sion  of  intelligence  by  telegraph  or  telephone,  by  electricity  or  1889,398, 
otherwise,  or  for  the  transmission  by  electricity  of  light,  or  of  ISQS,  350. 
heat  or  power  except  such  as  is  used  by  street  railway  com-  *4w. Mc 
panics,  by  every  person  having  authority  to  place  poles,  wires, 
structures  and  other  appliances  for  any  purpose  in  or  under 
public  ways  or  places,  including  all  lines  owned  or  used  by 
said  towns. 

SECTION  55.     The  town  shall  forthwith  in  writing  give  no-  Proceedings, 

...,,.,,,!  .  if  regulations 

tice  in  detail  to  the  owner,  constructor  or  person  using  any  are  violated. 
line  therein  which  is  constructed  or  maintained  in  violation  of  p88s.'27,'f  48. 
such  regulations;    and  if  thereafter  such  unlawful  construction  1891-293- 
is  continued  or  if  said  lines  are  not  within  a  reasonable  time 
so  altered  as  to  conform  to  said  regulations,  the  supreme  judi- 
cial court  or  the  superior  court  shall  have  jurisdiction  in  equity 
to  enjoin  the  further  progress  of  said  work,  or  to  order  such 
line  to  be  removed  or  altered  at  the  expense  of  the  owners, 
constructors  or  persons  using  the  same.     If  such  line  belongs 
to  or  is  used  by  a  town,  like  action  may  be  taken  upon  com- 
plaint of  a  person  injured,  after  such  notice  to  the  town  as  the 
court  may  order. 

SECTION  56.     Selectmen  may  authorize  citizens  of  the  com-  selectmen  may 
monwealth   to   establish   and   maintain,   in  their   town,   poles,  citizens  to  es- 
wires  and  other  apparatus  for  telegraphic  and  telephonic  com-  ^resf^tc0.168' 
munication,  in  conformity  with  the  provisions  of  chapter  one  p88^'!?,'^. 
hundred   and  twenty-two  and  other  laws  applicable  to  tele- 
graph or  telephone  companies. 


Revised  Laws,  Chapter  106.  » 

OF  THE  EMPLOYMENT  OF  LABOR. 

PAYMENT   OF   WAGES. 

SECTION  62.     Every  .  .  .  telegraph  or  telephone  corporation,  weekly  pay- 
.  .  .  and  every  contractor,  person  or  partnership  engaged  .  .  .  ^79*  i^^68 
upon   public  works  or  in  the   construction   or  repair  of  ...  fgj^'t8/*12 
roads,  bridges,  .  .  .  pipes  or  lines,  shall  pay  weekly  each  em-  §§  *• 2- 
ployee  engaged  in  his  or  its  business  the  wages  earned  by  him  UBil230.il! 
to  within  six  days  of  the  date  of  said  payment;  and  the  com-  §§95i,66s.' 
monwealth,  its  officers,  boards  and  commissions  shall  so  pay  ilglllfii 
every  mechanic,  workman  and  laborer  who  is  employed  by  it  Hg'8  481 
or  them,  .  .  .  unless  such  mechanic,  workman,  laborer  or  em-  Jgj^'^o' 
ployee  requests  in  writing  to  be  paid  in  a  different  manner;  i\ 
.  .  .  but  an  employee  who  is  absent  from  his  regular  place  of  1907,193. 
labor  at  a  time  fixed  for  payment  shall  be  paid  thereafter  on  Jlollff^ 
demand.     The  provisions  of  this  section  shall  not  apply  to  an  \gio,'s5o. 
employee  of  a  co-operative  corporation  or  association  if  he  is  f^Tfos 
a   stockholder  therein  unless  he  requests  such  corporation  to  ?£?•,"•*•«« 

.  .  ,  ,  ,  T  163  Mass.  589. 

pay   him   weekly.  .  .  .  JN  o   corporation,    contractor,   person  or  170  Mass.  HO. 

i  •         i      n    i  •    ,  .,,  ',    h  ,         172  Mass.  230. 

partnership  shall  by  a  special  contract  with  an  employee  or  by 


274 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


any  other  means  exempt  himself  or  itself  from  the  provisions 
of  this  .  .  .  section.  Whoever  violates  the  provisions  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  fiftv  dollars. 


Revised  Laws,  Chapter  26. 

OF  CITIES. 

SECTION  6.     Regulations  established  by  a  city  under  the  pro- 
visions of  section  fifty-four  of  chapter  twenty-five  shall  be  made 


Regulation 
of  wires. 
1880,  83,  §  1. 
P.  S.  28.  §  4. 

is^  Mass.  397,   bv  ordinance. 
400. 


Revised  Laws,  Chapter  53. 

OF  THE  BOUNDARIES  OF  HIGHWAYS  AND  OTHER  PUBLIC 
PLACES  AND  ENCROACHMENTS  THEREON. 


Removal  of 
unused  tele- 
graph poles, 
etc. 

1889,  398. 
153  Mass.  200. 


SECTION  5.  The  aldermen  in  cities  or  the  selectmen  in 
towns  may  cause  the  removal  from  public  ways  and  places  of 
unused  poles,  wires,  structures  or  other  appliances,  at  the  ex- 
pense of  the  owners  thereof. 


Revised  Laws,  Chapter  122  (as  amended  by  Acts  of  1911,  Chapter  509). 
OF  COMPANIES  FOR  THE  TRANSMISSION  OF  ELECTRICITY. 


Construction 
of  lines. 
1849,  93,  §  2. 
G.  S.  64,  §  2. 
P.  S.  109,  §  2. 
1883,221. 
1889,  434. 
1895,  350. 
97  Mass.  555. 
136  Mass.  75, 
485. 

153  Mass.  200. 
188  Mass.  S60; 
265. 

[ZOp.A.G. 
423.] 

182  Mass.  397. 
See  St.  1903, 
320. 

.See  1911,481, 
below. 

Amended  by 
1911,  chap. 
509,  §  /. 
Location, 
etc.,  by 
mayor  and 
aldermen,  etc. 
1849,  93,  §  3. 
G.  S.  64,  §  3. 
P.  S.  109,  §  3. 
1903,  237. 
1906,  117. 
Amended  by 
1911,  chap. 
609,  §  2. 
See  1911,  609, 
§§  7.  8,  p.  197. 


CONSTRUCTION   OF   LINES   UPON    HIGHWAYS. 

SECTION  1.  A  company  which  is  incorporated  for  the  trans- 
mission of  intelligence  by  electricity  or  by  telephone,  whether  by 
electricity  or  otherwise,  or  for  the  transmission  of  electricity  for 
lighting,  heating  or  power,  or  for  the  construction  and  operation 
of  a  street  railway  or  an  electric  railroad,  may,  under  the  provi- 
sions of  the  following  sections,  construct  lines  for  such  transmis- 
sion upon,  along,  under  and  across  the  public  ways  and  across 
and  under  any  waters  within  the  commonwealth,  by  the  erection 
or  construction  of  the  poles,  piers,  abutments,  conduits  and  other 
fixtures,  except  bridges,  which  may  be  necessary  to  sustain  or 
protect  the  wires  of  its  lines;  but  such  company  shall  not  incom- 
mode the  public  use  of  public  ways  or  endanger  or  interrupt 
navigation. 

SECTION  2.  A  company  desiring  to  construct  a  line  for  such 
transmission  upon,  along,  under  or  across  a  public  way  shall  in 
writing  petition  the  mayor  and  aldermen  of  the  city  or  the  select- 
men of  the  town  in  which  it  is  proposed  to  construct  such  line  for 
permission  to  erect  or  construct  upon,  along,  under  or  across  said 
icay  the  wires,  poles,  piers,  abutments  or  conduits  necessary  there- 
for. A  public  hearing  shall  be  held  on  the  petition,  and  written 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  275 

notice  of  the  time  and  place  of  the  hearing  shall  be  mailed  at 
least  seven  days  prior  thereto  by  the  clerk  of  the  city  or  by  the 
selectmen  of  the  town  to  all  owners  of  real  estate  abutting  upon 
that  part  of  the  way  upon,  along,  across  or  under  which  the  line 
is  to  be  constructed,  as  such  ownership  is  determined  by  the  last 
preceding  assessment  for  taxation.  After  a  public  hearing  as 
aforesaid,  the  mayor  and  aldermen,  or  the  selectmen  may  by  order 
grant  to  the  petitioner  a  location  for  such  line,  specifying  therein 
where  the  poles,  piers,  abutments  or  conduits  may  be  placed,  and 
in  respect  to  overhead  lines  may  also  specify  the  kind  of  poles, 
piers,  or  abutments  which  may  be  used,  the  number  of  wires  or 
cables  which  may  be  attached  thereto,  and  the  height  to  which  the 
wires  or  cables  may  run. 

After  the  erection  or  construction  of  such  line  the  mayor  and 
aldermen  or  selectmen  may,  after  giving  the  company  or  its  agents 
an  opportunity  to  be  heard,  or  upon  petition  of  the  company 
without  notice  or  hearing,  by  order  permit  an  increase  in  the 
number  of  wires  or  cables,  and  direct  an  alteration  in  the  location 
of  the  poles,  piers,  abutments  or  conduits  or  in  the  height  of  the 
wires  or  cables.  The  mayor  and  aldermen  or  selectmen  may,  upon 
petition  in  writing  by  two  or  more  companies  subject  to  the  pro- 
visions of  this  chapter,  without  notice  or  hearing,  by  order  author- 
ize any  such  company  to  attach  its  wires  and  fixtures  to  existing 
poles,  piers  or  abutments  of  either  or  any  of  the  other  petitioners, 
or  to  maintain  its  wires  or  cables  in  the  conduits  of  either  or  any 
of  said  other  petitioners.  The  mayor  and  aldermen  or  selectmen 
may,  upon  petition  in  writing  by  two  or  more  companies  subject 
to  the  provisions  of  this  chapter,  and  after  notice  to  abutting  land- 
owners and  a  hearing  as  hereinbefore  provided,  by  order  grant  to 
said  companies  joint  or  identical  locations  for  the  erection  or  con- 
struction of  poles,  piers,  abutments  or  conduits  to  be  owned  and 
used  in  common  by  them.  No  order  of  the  mayor  and  aldermen 
or  selectmen  shall  be  required  for  renewing,  repairing  or  replacing 
wires,  cables,  poles,  piers,  abutments,  conduits  or  fixtures  once 
erected  or  constructed  under  the  provisions  of  law,  or  for  making 
house  connections  or  connections  between  duly  located  conduits  and 
distributing  poles. 

The  order  granting  a  location  or  an  alteration  thereof,  or  au- 
thorizing an  increase  in  the  number  of  wires  or  cables  or  attach- 
ments, such  as  are  hereinbefore  described,  shall  be  recorded  by  the 
clerk  of  the  city  or  of  the  town  in  books  kept  exclusively  for  the 
purpose,  and  where  notice  has  been  given  as  hereinbefore  pro- 
vided the  clerk  of  the  city  or  the  chairman  or  a  majority  of  the 
selectmen  shall  certify  on  said  record  that  the  order  was  adopted 
after  due  notice  and  a  public  hearing  as  hereinbefore  prescribed, 
and  no  such  order  shall  be  valid  without  such  certificate.  The 
company  or  companies  in  whose  favor  the  order  is  made  shall  pay 
for  such  record  the  same  fees  as  are  allowed  for  the  entering  and 
recording  of  deeds  by  registers  of  deeds,  and  shall  be  entitled  to 
attested  copies  of  said  orders  and  certificates  upon  payment  of  the 
same  fees  as  are  allowed  to  registers  of  deeds  for  copies. 


276  TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 

The  mayor  and  aldermen  or  selectmen  may  under  the  provi- 
sions of  this  section  authorize  the  attachment  of  the  wires  and  fix- 
tures of  a  street  railway  or  electric  railroad  company  to  the  poles, 
piers  and  abutments  of  another  owner,  or  the  attachment  of  the 
wires  and  fixtures  of  another  owner  to  the  poles,  piers  and  abut- 
ments of  such  company,  and  may  grant  joint  or  identical  loca- 
tions for  the  erection  or  construction  of  poles,  piers  or  abutments 
to  be  owned  and  used  in  common  by  such  company  and  another 
owner  or  other  owners,  and  locations  for  the  transmission  lines 
and  telephone,  signal  and  feed  wires  of  such  company  in  public 
ways  or  parts  thereof,  other  than  those  public  ways  or  parts  thereof 
in  which  the  tracks  of  such  company  are  laid,  and  locations  for 
additional  poles  to  support,  or  alterations  of  locations  for  existing 
poles  supporting,  trolley  or  span  wires;  and  all  locations  granted 
to  a  street  railway  or  electric  railroad  company  hereunder  shall  be 
subject  only  to  revocation  as  provided  in  section  sixty-six  of  Part 
III  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the  year 
nineteen  hundred  and  six;  but  nothing  contained  in  this  section 
save  as  hereinbefore  expressly  set  forth  shall  be  held  to  apply  to 
the  poles,  wires  and  other  appliances  and  equipment  which  a 
street  railway  or  electric  railroad  company,  by  a  grant  of  location, 
or  extension  or  alteration  thereof,  under  any  general  or  special 
law  now  or  hereafter  in  force  relating  to  street  railways  or  electric 
railroads  may  be  authorized  to  construct,  maintain  and  operate  in 
a  public  way;  and  no  terms,  restrictions  and  obligations,  other 
than  such  as  may  be  imposed  upon  a  grant  of  location  for  a  street 
railway  or  electric  railroad,  or  an  extension  or  alteration  thereof, 
under  any  general  or  special  law  now  or  hereafter  in  force  relat- 
ing thereto,  shall  be  imposed  upon  locations  granted  to  a  street 
railway  or  electric  railroad  company  hereunder,  save  locations  for 
its  transmission  lines  or  telephone,  signal  or  feed  wires  in  public 
ways  or  parts  thereof  other  than  those  public  ways  and  parts 
thereof  in  which  the  tracks  of  such  company  are  laid. 

Acts  of  1911,  Chapter  481. 
An  Act  to  confirm  the  Locations  of  Electric  Lines. 

Locations  of  SECTION  1.    All  locations  for  poles,  piers,  abutments,  conduits  and 

electric  lines.  '  .  '        ..  . 

other  fixtures  necessary  to  sustain  or  protect  the  wires  of  the  lines  of  any 
of  the  companies  designated  in  section  one  of  chapter  one  hundred  and 
twenty-two  of  the  Revised  Laws,  and  of  any  unincorporated  owners  and 
associations  subject  to  the  provisions  of  said  chapter,  heretofore  granted 
by,  or  under  the  authority  of,  the  mayor  and  aldermen  of  a  city  or  the 
selectmen  of  a  town  and  now  in  actual  use  by  the  respective  companies, 
owners  or  associations  to  which  the  same  were  granted,  or  their  legal  suc- 
cessors or  assigns,  and  all  alterations  of  such  locations,  shall  upon  com- 
pliance with  the  provisions  of  section  two  of  this  act  be  ratified  and  con- 
firmed subject  to  all  lawful  terms,  obligations,  restrictions,  limitations, 
regulations  and  conditions  set  forth  in  said  grants  and  to  all  laws  now  or 
hereafter  in  force  applicable  thereto.  Nothing  herein  contained  and  no 
act  done  hereunder  shall  be  held  to  make  lawful  any  of  the  structures 
hereinbefore  named  for  which  an  express  grant  of  location  has  not  been 
made  by,  or  under  the  authority  of,  the  mayor  and  aldermen  or  select- 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  277 

men,  as  the  case  may  be,  and  which  has  not  been  erected,  constructed 
and  maintained  in  accordance  with  the  requirements  of  such  grant. 

SECTION  2.    Any  company,  owner  or  association  desiring  to  avail  itself  Details  of 

.  , ,  .   .  ,   .,  .  V     11  i     ,.          , ,        r.     ,     i  ,.    T  locations  to  be 

of  the  provisions  ot  this  act  shall,  on  or  before  the  first  day  of  January,  recorded,  etc. 
nineteen  hundred  and  thirteen,  file  with  the  city  or  town  clerk,  as  the 
case  may  be,  to  be  recorded  and  kept  with  the  records  of  original  loca- 
tions for  poles  and  wires,  a  map  or  maps  showing  in  detail  the  location 
and  nature  of  the  structures  alleged  to  be  within  the  provisions  of  section 
one,  together  with  a  memorandum  of  the  respective  dates  of  the  several 
grants  of  locations  therefor. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.     [Approved 
May  26,  1911. 

DAMAGES   OF   LAND   OWNERS. 

SECTION  3.     An  owner  of  land  which  abuts  upon  a  public  Damages 
way  along  which  telegraph  or  telephone,  electric  light,  heating  erecstlonbof 
or  power  lines  are  constructed,  erected  or  altered  in  location  lc^is. 
or  construction  by  any  telegraph  or  telephone,  electric  light,  ji^f3' 
heating    or    power    company,    whose    property    is    injuriously  G.  s.  64, 
affected  or  diminished  in  value  by  occupation  of  the  ground  P.  s.'  109, 
or  of  the  air,  or  otherwise  by  such  construction,  erection  or  ISM,  we,  ft. 
alteration,  whether  such  owner  is  also  the  owner  of  the  fee  in  Ife^ass!  75. 
such   way  or  not,   may,   within  three  months  after  such  con- 
struction,  erection  or  alteration,  apply  to  the  mayor  and  alder- 
men of  the  city  or  selectmen  of  the  town  in  which  such  land  is 
situated  to  assess  and  appraise  his  damages.     Before  entering 
upon  the  service,  the  mayor  and  aldermen  or  selectmen  shall 
severally  be  sworn  faithfully  and  impartially  to  perform  the 
duties   herein  required.     They  shall,   upon  view,   make  a  just 
appraisal  in  writing  of  the  loss  or  damage,  if  any,  to  the  appli- 
cant, sign  duplicates  thereof,  and  on  demand  deliver  one  copy 
to  the  applicant  and  the  other  to  the  company  or  its  agent. 
If  damages  are  assessed,  the  company  shall  pay  them  and  the 
costs  of  the  appraisers.     If  the  appraisers  find  that  the  appli- 
cant has  suffered  no  damage  he  shall  pay   said  costs.     The 
mayor   and   aldermen   and   selectmen   shall   each   receive   two 
dollars  a  day  for  services  performed  as  appraisers. 

SECTION  4.     If  such  company  does  not  pay  such  damages  if  amount  is 
assessed,  or,  upon  appeal,  the  amount  of  the  final  judgment,  wuhm'thirty 
within  thirty  days  after  demand,  the  mayor  and  aldermen  or  et^'ma^be 
selectmen  may,  upon  request  of  such  owner,  remove  all  the  i|™4V|og  §2 
poles,   wires  or  other  structures  of  such  company  from  that  Jf^Iseo! 

,.  »    .,  ,  ,.  i  •    ,      ,,        ,  /         ,  194  Mass.  80. 

portion  ot  the  public  way  upon  which  the  land  ot  such  person 
abuts,  first  leaving  a  written  statement  at  the  office  of  such 
company  in  such  city  or  town  of  the  time  when  and  place 
where  they  intend  to  remove  such  poles,  wires  or  structures, 
not  less  than  forty-eight  hours  prior  to  such  removal.  If  such 
company  has  no  office  in  such  city  or  town,  such  notice  shall 
be  deposited  in  the  post  office,  postage  prepaid,  and  directed  to 
such  company  at  its  office  in  some  city  or  town  in  the  county. 
The  city  or  town  so  removing  any  such  poles,  wires  or  struc- 
tures may  recover  the  expense  thereof  of  such  company.  The 


278 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


Assessment 
by  jury. 
1849,  93,  §  4. 
G.  S.  64,  §  6. 
P.  S.  109,  §  6. 
194  Mass.  80. 


provisions  of  this  section  shall  not  prevent  such  owner  from 
collecting  the  damages  assessed. 

SECTION  5.  A  person  who  is  aggrieved  by  the  assessment 
of  his  damages  may  have  them  determined  by  a  jury  in  pro- 
ceedings according  to  the  provisions  of  section  eighty  of  chapter 
forty-eight.  If  the  jury  increase  the  damages,  the  amount  of 
the  verdict  and  all  charges  shall  be  paid  by  the  company; 
otherwise,  the  charges  shall  be  paid  by  the  applicant. 


Capital 
stock  and 
statement 
filed. 

1851,  247,  §  3. 
G.  S.  64,  §  7. 
P.  S.  109,  §  7. 
1893,  274. 


Limit  of  debt. 
1851,  247,  §  4. 
G.  S.  64,  §  8. 
P.  S.  109,  §  8. 

Liability  of 
officers. 
1851   247,  §  6. 
G.  S.  64,  §  9. 
P.  S.  109,  §  9. 


CAPITAL  AND   DEBTS. 

SECTION  6.  A  telegraph  or  telephone  company  shall  not 
commence  the  construction  of  its  line  until  three-fourths  of  its 
capital  stock  have  been  unconditionally  subscribed  for,  and  at 
least  one-half  has  been  paid  in  in  cash;  and  the  directors  shall, 
within  ten  days  after  commencing  construction,  file  in  the 
office  of  the  secretary  of  the  commonwealth  a  sworn  statement 
of  such  subscription  and  payment. 

SECTION  7.  Such  company  shall  not  at  any  time  contract 
or  owe  debts  to  a  larger  amount  than  one-half  of  its  capital 
stock  actually  paid  in. 

SECTION  8.  The  president  and  treasurer  of  such  company 
shall  be  jointly  and  severally  liable  for  all  its  indebtedness,  in 
case  of  wilful  neglect  or  omission  on  their  part  to  comply  with 
any  of  the  provisions  of  this  chapter. 


6. 
10. 


Duties  of 
companies. 
1849,  93,  §  6. 
G.  S.  64,  §  10. 
P.  S.  109,  §  10. 
13  Allen,  226. 
113  Mass.  299. 
137  Mass.  463. 
See  St.  1906, 
433,  above. 

Charges  for 
despatches 
received  by 
mail,  etc. 
1849,  93,  § 
G.  S.  64,  § 
1867,  348. 
P.  S.  109, 
§§  10,  11. 
205  Mass.  604. 


Negligence  in 

transmission 

of  telegraphic 

messages. 

1885,  380. 

1909,  402,  642. 

197  Mass.  119, 

1*4. 

SOS  Mass.  603, 

604. 


TELEGRAPH   COMPANIES. 

SECTION  9.  A  telegraph  company  shall  receive  despatches 
from  and  for  other  telegraph  companies  and  associations,  and 
from  and  for  any  person;  and,  upon  payment  of  the  usual 
charges  for  transmitting  despatches  according  to  the  regula- 
tions of  the  company,  shall  transmit  them  faithfully  and  impar- 
tially. ^05  Mass.  603,  604. 

SECTION  10.  A  telegraph  company  shall  receive,  compute 
and  transmit  despatches  which  may  be  received  at  its  offices 
from  another  telegraph  company  or  by  mail,  at  the  same  rates 
of  charge  as  for  despatches  which  may  be  received  for  trans- 
mission from  individuals  on  the  same  day  and  at  the  same 
place.  A  telegraph  company  which  wilfully  neglects  or  refuses 
to  comply  with  the  provisions  of  this  or  the  preceding  section 
shall  forfeit  not  more  than  one  hundred  dollars  to  the  company 
or  person  who  sends  or  desires  to  send  the  despatch. 

SECTION  11.  A  telegraph  company  shall  be  liable  for  dam- 
ages to  the  amount  of  one  hundred  dollars  actually  caused  by 
its  negligence,  or  that  of  its  agents,  in  transmitting,  receiving 
or  delivering  telegraphic  messages,  and  any  limit  of  such 
liability  by  contract  or  regulation  shall  apply  only  to  the 
damages  in  each  case  in  excess  of  one  hundred  dollars;  but 
no  action  therefor  shall  be  maintained  unless  a  claim  is  pre- 
sented in  writing  to  such  company  or  its  agent  within  sixty 
days  after  such  right  of  action  accrues.  The  provisions  of  this 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  279 

section  shall  not  apply  to  negligence  occurring  in  a  telegraph 
office  which  is  established  for  the  convenience  and  safety  of  a 
railroad  corporation  in  the  running  of  its  trains,  and  transact- 
ing a  public  telegraph  business  only  as  incidental  thereto,  nor 
to  negligence  in  the  delivery  of  messages  received  at  such  office. 

TELEPHONE   COMPANIES. 

SECTION  12.     A   person   or   corporation   owning,    controlling  service  to 
or  operating  a  telephone  exchange  or  service  in  this  common-  ^m^anies 
wealth  shall,  upon  application  of  a  telegraph  company,  furnish  Smi^atk.1^ 
such  company  with  the  use  of  a  telephone  or  telephones  and  ^ 1 5s't26i906 1- 
telephone    service,    and    connection    with    their    respective    ex-  433,  above. 
changes,  with  the  subscribers  thereto,  and  with  their  telephone 
service,    without   discrimination   between   telegraph   companies 
as  to  such  connection,  service  or  use  of  instruments  furnished 
or  charges   therefor  for  the  same  class  of  service. 

SECTION  13.     A  person  or  corporation  owning,  controlling  or  Telephone 
operating  a  telephone  exchange  or  service  in  this  commonwealth  without  dis- 
shall,  upon  application  of  an  individual  or  corporation  and  the  ig^w™'  2. 
tender  of  the  charges  or  rental  usual  or  customary  for  the  class 
of  service  required,  without  discrimination  for  the  same  class 
of  service  rendered,  furnish  such  individual  or  corporation  with 
the  use  of  a  telephone  and  telephone  service  and  connection 
with  their   respective   exchanges   and  the  subscribers  thereto, 
if  the  applicant  secures  the  rights  necessary  to  make  the  con- 
nections  applied  for  and  pays  to  the  telephone  company  in 
advance  an  amount  sufficient  to  cover  the  actual  cost  of  the 
extension,  if  said  extension  is  more  than  one  mile  from  any 
main  exchange  circuit  of  the  said  telephone  company. 

SECTION  14.  The  supreme  judicial  court  or  the  superior  Provisions 
court  shall  have  jurisdiction  in  equity  to  enforce  the  provisions  foroedln"" 
of  the  two  preceding  sections.  iSs^aar,  §  3. 

DAMAGES. 

SECTION  15.     A  telegraph  company  shall  be  liable  in  dam-  injury  to 
ages  to  a  person  injured  in  his  person  or  property  by  the  poles,  {^op°ertyr 
wires  or  other  apparatus  of  such  company.     If  they  are  erected  {j^1  |^- §  2 
upon  a  public  way,  the  city  or  town  shall  not,  by  reason  of  p-f'^g511- 
anything   contained   in   this   chapter   or   done   thereunder,    be  §  12! 
discharged   from  its  liability,   but  all  damages  and  costs   re-  97  Mass.  555. 
covered  against  it  on  account  of  such  injury  shall  be  reim-  lii  Mass!  sts. 
bursed  by  the  company  which  owns  the  poles,  wires  or  other  ^  jj^**;  ff£; 
apparatus. 

PROTECTION   AND   MARKING   OF  WIRES. 

SECTION  16.     A  person  or  a  corporation,  private  or  munic-  Regulations 
ipal,  owning  or  operating  a  line  of  wires  over  or  under  streets  w°iresein'ng 
or  buildings  in  a  city  or  town  shall  use  only  strong  and  proper  towensand 
wires   safely   attached  to   strong   and   sufficient  supports   and  1890>  404>  §  L 


280 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 


1899,  337,  §  1. 
161  Mass.  583. 
178  Mass.  603. 
185  Mass.  2H, 
218. 


Names  of 
owners  to  be 
attached. 
1890,  404,  §  2. 
1899,  320, 
337,  §  2. 
Amended  by 
1911,  chap. 
609,  §  3. 


Inspector 
of  wires; 
duties. 
1890,  404, 
§§3,4. 
1899,  337, 
§§3,4. 


insulated  at  all  points  of  attachment;  shall  remove  all  wires 
the  use  of  which  is  abandoned;  shall  properly  insulate  every 
wire  where  it  enters  a  building,  and,  if  such  wire  is  other  than 
a  wire  designed  to  carry  an  electric  light,  heat  or  power  current, 
shall  attach  to  it  at  a  proper  point  in  the  circuit,  near  the 
place  of  entering  the  building,  and  so  situated  as  to  avoid 
danger  from  fire,  an  appliance  adapted  at  all  times  to  prevent 
a  current  of  electricity  of  such  intensity  or  volume  as  to  be 
capable  of  injuring  electrical  instruments  or  of  causing  fire 
from  entering  the  building  by  means  of  such  wire  beyond  the 
point  at  which  such  appliance  is  attached;  and  shall  properly 
insulate  every  wire  within  a  building  which  is  designed  to  carry 
an  electric  light,  heat  or  power  current. 

SECTION  17.  Such  person  or  corporation  shall  plainly  mark 
each  pole,  pier,  abutment,  or  other  fixture  supporting  wires  or 
cables  containing  wires  over  streets  or  buildings  with  the  name  or 
initials  of  the  owner  of  such  pole,  pier,  abutment  or  other  fixture. 
Wherever  cross  arms  or  other  appliances  for  the  support  of  wires 
or  cables  belonging  to  different  owners  are  attached  to  the  same 
pole,  pier,  abutment  or  other  fixture,  every  such  cross  arm  or  other 
appliance  shall  plainly  be  tagged  or  marked  with  the  name  or 
initials  of  the  owner  thereof.  Wherever  wires  or  cables  belonging 
to  different  owners  are  attached  to  the  same  cross  arm  or  other 
appliances  for  the  support  of  wires  or  cables,  every  wire  or  cable 
shall  be  tagged  or  marked  with  the  name  or  initials  'of  the  owner 
at  or  near  its  point  of  attachment  to  such  cross  arm  or  other 
appliance.  No  such  tag  or  mark  shall  be  required  for  the  wires, 
poles,  piers,  abutments  and  other  fixtures  of  a  street  railway  or 
electric  railroad  company,  except  for  its  feed  wires  supported  by 
poles  carrying  wires  or  cables  belonging  to  another  owner,  and  for 
its  poles  supporting  wires  or  cables  belonging  to  another  owner, 
and  for  poles  belonging  jointly  to  the  street  railway  company  and 
another  owner. 

OFFICERS  TO   SUPERVISE  WIRES. 

SECTION  18.  A  city  shall,  by  ordinance,  designate  or  provide 
for  the  appointment  of  an  inspector  of  wires,  and  any  town 
may,  at  an  annual  town  meeting,  instruct  its  selectmen  to 
appoint  such  an.  inspector.  Such  inspector  shall  supervise 
every  wire  over  or  under  streets  or  buildings  in  such  city  or 
town  and  every  wire  within  a  building  which  is  designed  to 
carry  an  electric  light,  heat  or  power  current,  shall  notify  the 
person  or  corporation  owning  or  operating  any  such  wire  when- 
ever its  attachments,  insulation,  supports  or  appliances  are 
improper  or  unsafe,  or  whenever  the  tags  or  marks  thereof  are 
insufficient  or  illegible,  shall,  at  the  expense  of  the  city  or  town, 
remove  every  wire  the  use  of  which  has  been  abondoned 
and  every  wire  which  is  not  tagged  or  marked  as  herein- 
before required,  and  shall  see  that  all  laws  and  regulations 
relative  to  wires  are  strictly  enforced.  A  city  or  town  may 
recover  in  an  action  of  contract  of  the  person  or  corporation 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  281 

owning  any  wire  so  removed  the  expense  which  it  has  incurred 
for   the   removal   thereof. 

SECTION  19.     The    supreme   judicial    court   or   the    superior  Provisions 
court   shall   have   jurisdiction  in  equity  upon  petition   of  the  forced  in 
officer   or  inspector  designated   or  appointed   as   aforesaid,   to  isoo^W,  §  5. 
enforce  the  provisions  of  the  three  preceding  sections  and  to  f'*/sn' 364' 
restrain  the  use  or  maintenance,  or  to  cause  the  removal,  of 
any  wire,  pole  or  other  support  which  is  erected,  maintained 
or  used  in  violation  of  the  provisions  of  said  sections. 


POLES   TO    BE    INSULATED. 

SECTION  20.     Poles   and  other   structures   which   are  used  to  insulation 
support  lines  for  the  transmission  of  electricity  shall  be  insulated  igg^.l^s, 
in  such  manner  as  to  protect  employees  and  other  persons  from  ^mmdedbu 
accidents.     If  such  poles  and  other  structures  are  of  any  material  1590191'^av' 
except  wood,  and  support  lines  which  are  operated  at  a  wltage  in 
excess  of  two  thousand  wits,  they  shall  be  plainly  and  conspicu- 
ously  marked   "Dangerous.     Keep  away."     The  officer  and  in- 
spector of  wires  appointed  under  the  authority  of  section  eighteen 
of  said  chapter  one  hundred  and  twenty-two,  or  the  commissioner 
of  wires  of  the  city  of  Boston,  shall  enforce  the  provisions  of  this 
section,  and  he  shall  be  the  sole  judge  of  what  constitutes  a  proper 
insulation  and  marking. 

SECTION  21.  A  person  or  corporation  owning  poles  which  Penalty. 
are  used  for  the  transmission  of  electricity  who  fails  to  comply 
with  the  provisions  of  the  preceding  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars  for  every  pole  left  uninsulated  for  an  unreasonable  time 
after  a  request  for  a  proper  insulation  by  the  officer,  inspector 
or  commissioner  acting  under  the  provisions  of  the  preceding 
section. 

WIRES,    ETC.,    NOT     TO     BE     AFFIXED     WITHOUT     PERMISSION.       TO 

BE   MARKED. 

SECTION  22.     A  corporation  or  person  maintaining  or  operat-  A^°^|" 
ing  telephone,  telegraph  or  other  electric  wires  or  any  other  etc.,  to  propi- 
person  who  in  any  manner  affixes  or  causes  to  be  affixed  to  permission!" 
the  property  of  another  any  pole,   structure,  fixture,  wire  or  lof4^!'  \n. 
other  apparatus  for  telephonic,  telegraphic  or  other  electrical 
communication,  or  who  enters  upon  the  property  of  another 
for  the  purpose  of  affixing  the  same,  without  first  obtaining 
the  consent  of  the  owner  or  lawful  agent  of  the  owner  of  such 
property,  shall,  on  complaint  of  such  owner  or  his  tenant,  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars. 

SECTION  23.     A  corporation  or  person  maintaining  or  operat-  Nameofcor- 
ing  telephone,  telegraph  or  other  electric  wires  shall,  at  all  places  poieor 
where  such  wires  are  affixed  by  any  pole,  structure  or  fixture  to  fss^sol',  §  2. 
the  property  of  another,  mark  such  pole,  structure,  or  fixture  in  ^ 
a  clear,  durable  and  legible  manner  with  the  name  or  initials  of  609>  §  5- 


282  TELEPHONE  AND  TELEGRAPH  CORPORATIONS. 

the  corporation  or  person  maintaining  or  operating  such  wires, 
and  any  corporation  or  person  failing  to  comply  with  the  pro- 
visions of  this  section  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 


GENERAL   PROVISIONS. 

uimsaitrce  SECTION  24.     Every  telegraph  company  shall   annually,   on 

1851/247,'  §  5.  or  before  the  fifteenth  day  of  October,  make  returns  to  the 
isss!  46!  §  i.  secretary  of  the  commonwealth,  according  to  forms  to  be  fur- 
p.'ii  H)9;§  is.  nished  on  application  to  him,  specifying  therein  the  location 
fis8!*!  89<9?'  and  line  of  its  telegraph,  its  name,  capital  actually  paid  in, 
above.  manner  of  investment  of  capital,  annual  receipts  and  expendi- 

tures, real  estate  and  its  value,  cash  on  hand,  credits  on  book 
account    and   the    amount   of   its   indebtedness.     Such   return 
shall    be   signed   and   sworn   to   by   the   president,    clerk   and 
treasurer   of  the   company. 
unincorpo-  SECTION  25.     Owners  and  associations  engaged  in  the  busi- 

rated  com-  . »,      ,     .  •  •      i  •         i  11 

panies.  ness  specified  in  section  one  or  this  chapter,  although  not  m- 

§§  i.'e.  '  corporated,  shall  be  subject  to  the  provisions  of  this  chapter, 
cf.5s.' el!7'!  if .  so  far  as  they  are  applicable. 

P.  S.  109,  §  14.  13  Allen,  226.  97  Mass.  555. 

ot>°t^neTbnt         SECTION  26.     No  enjoyment,  for  the  purposes  specified  in 

poles,  etc.         section  one  of  this  chapter,  by  a  person  or  corporation  for  any 

G.  s.'  64,  §  14.'    length  of  time  of  the  privilege  of  having  or  maintaining  poles, 

'  wires  or  apparatus  in,  upon,  over  or  attached  to  any  building 

or  land  of  other  persons  shall  give  a  legal  right  to  the  continued 

enjoyment  of  such  easement  or  raise  any  presumption  of  a 

grant  thereof. 

\mea\\Tes  SECTION  27.     Whoever  unlawfully  and  intentionally  injures, 

1849  93  s  7      molests  or  destroys  any  line,  wire,  pole,  pier  or  abutment,  or 

G.  s.'  64,'  §  is.    any  of  the  materials  or  property,  of  any  street  railway  company, 

Amended.'      '  of  any  electric  railroad  company,  or  of  any  city  or  town  engaged 

in  the  manufacture  and  sale  of  electricity  for  light,  heat  or  power 

or  of  any  company,  owner  or  association  described  in  sections 

one  and  twenty-five  shall  be  punished  by  a  fine  of  not  more 

than  five  hundred  dollars  or  by  imprisonment  for  not  more 

than  two  years,  or  by  both  such  fine  and  imprisonment;    and 

whoever  shall  do  any  of  the  acts  prohibited  by  this  section  between 

the  hours  of  four  o'clock  in  the  afternoon  and  seven  o'clock  in 

the  morning  shall  be  punished  by  a  fine  of  not  more  than  one 

thousand  dollars  or  by  imprisonment  for  not  more  than  four  years, 

or  by  both  such  fine  and  imprisonment. 

wires  may  be        SECTION  28.     Whenever,  in  order  to  move  a  buildinq  or  for 

cut,  when.  ,  '     .        * 

i86|,  HI,  §  i.    any  other  necessary  purpose,  a  person  desires  that  the  wires  of 

Amended  by     '  any  such  company  be  cut,  disconnected  or  removed,  the  company 

509,  §c0ap'        shall  forthwith  cut,  disconnect  or  remove  the  same,  if  the  person 

desiring  this  to  be  done  has  first  left  a  written  statement,  signed 

by  him,  of  the  time  when,  and  the  place,  described  by  reference 

to  the  crossings  of  streets  or  highways,  where  he  wishes  to  remove 

said  wires,  at  the  office  of  the  company  in  the  town  in  which  such 


TELEPHONE  AND  TELEGRAPH  CORPORATIONS.  283 

place  is  situated,  twenty-four  hours  before  the  time  so  stated,  or, 
if  there  is  no  such  office,  if  he  has  deposited  such  statement  in  the 
post  office,  properly  prepaid,  and  directed  to  the  company  at  its 
office  nearest  to  said  place,  three  days  before  the  time  mentioned 
in  said  statement.  If  the  company  neglects  or  refuses  to  cut,  dis- 
connect or  remove  wires  as  hereinbefore  provided,  the  inspector  of 
wires,  or  the  selectmen  of  a  town  where  there  is  no  inspector  of 
wires,  may  cause  the  same  to  be  cut,  disconnected  or  removed,  and 
the  city  or  town  may  recover  of  the  company  in  an  action  of  con- 
tract the  expense  of  so  doing. 

SECTION  29.     Whoever   wilfully    cuts,    disconnects,    removes  Penalty  for 
or  otherwise  interrupts  the  use  of  the  wires  of  any  such  com-  without w" 
pany,  without  first  giving  notice  as  provided  in  the  preceding  SwTi4i.  §  2. 
section,  shall  be  punished  as  provided  in  section  twenty-seven.  p  s-  109>  5 18- 

SECTION  30.  The  provisions  of  the  two  preceding  sections  Limitation 
shall  not  apply  to  any  wires  attached  to  poles  which  have  not  slctfons.  Di 
been  erected  in  compliance  with  the  provisions  of  law.  p86|'  \m'  f  19 

[For  full  text  of  1911,  509,  see  pp.  194-198] 

Acts  of  1909,  Chapter  490,  Part  III,  §  52. 
TAXATION  OF  TELEGRAPH   COMPANIES. 

SECTION  52.    Every  corporation  or  association  chartered  or  organized  Returns  and 
without  the  commonwealth  which  owns,  controls  or  uses  a  line  of  tele-  teiegraphecom- 
graph  within  the  commonwealth,  shall  make  the  returns  required  in  ^f^^g  «  9 
section  forty  to  be  made  by  telegraph  companies  within  the  common-  ises!  283,  §  7'. 
wealth,  except  the  list  of  its  shareholders;  and  shall  annually  pay  a  tax  R.  L/u.^tl'. 
at  the  rate  determined  in  the  manner  provided  in  section  forty-three;  j||  ^Pf'slo4' 
and  all  telegraph  lines  within  the  commonwealth  controlled  and  used  by  141  ILS.  40. 
such  corporation  or  association,  shall,  for  the  purposes  of  this  part,  be  163  U-  S-  L 
deemed  to  be  a  part  of  its  own  lines. 

[For  Acts  of  1909,  Chapter  439,  relative  to  the  taxation  of  poles  for  wires, 
and  for  other  provisions  as  to  taxation  of  wires,  conduits,  etc.  see  Part  III, 
pp.  234-236.] 


INDEXES. 


INDEX  TO  RAILROAD  LAWS. 


A. 

ABANDONMENT. 

of  stations  forbidden,  when, 

ABOLITION  AND  ALTERATION. 

of  crossings,  distinction, 


95 


ABOLITION   Of   GRADE  CROSSINGS. 

In  General. 

authorization,     ...••• 
bonds  or  capital,  increase  of,  ... 

construction,  method  of,  as  to, 
discontinuance,  of  crossing,  . 

public  or  private  way,  ot, 
engineer  of  grade  crossings,  appointment  by 

attorney-general,  duties,  etc., 
equity  jurisdiction  to  enforce, 
grade,  change  of,       '    . 

and  location  of  street  railway,    . 
highways   involved,    to    be    constructed  with 
clear  view  for  at  least  one  hundred  and 

fifty  feet, 

unless  abolition  plan  is  approved  by  high- 
way commission,          . 
maintenance  and  repair  of  new  crossing, 
apportionment  between  different  railroads 

for,  .          .          .  "       •          • 
approaches  and  wearing  surface  of  bridges 
maintained    and    repaired   by   city  or 
town,        ..•••• 
taking  of  land,  what  constitutes,    . 

deemed  to  be  taken  by  whom,   .          .  .       . 
filing  and  record,       . 


32 


22,23 

60-63 

22 

2t 

21 

21 
29 
21 
24 


24 

24 
27,30 

27,30 


27 
24,25 

25 
24,25 


Agreement  for. 

by  two  railroads,  . 

commissioners  to  supervise, 
by  railroad  and  local  authorities,  . 
approval  of  commissioners,    . 

and    agreement,  to    be    filed    by    clerk    of 
board,        ...-•• 
damages,  assessment  of,         . 
expense,  apportionment  of,  . 

amount  payable  by  commonwealth,    . 
force  and  effect  of, 
supervision  by  commissioners, 

may  employ  agents, 
filing  agreements  with  county  commissioners, 

with  auditor  of  commonwealth, 

in  registry  of  deeds,  no  fee  required,    . 


85,86 
85 

29,  30 
29 

29 
30 
29 
30 
29 
30 
30 

29,30 
30 
30 


Auditor. 

appointment,  duties,  etc., 
compensation, 


,  27,  28 
23,  27,  28 


ABOLITION   OF    GRADE   CROSSINGS  — 

Continued. 

damages,  amount  investigated  by,  when,         .         25 
for  land  taken,  allowance,  investigation,       .         28 
paid  by   city,  town  or  corporation,  to  in- 
vestigate, unless,          ...•  25,  28 
report    of,    filing  with    auditor    of    common- 
wealth,     ......        2S 

Commission. 

alterations,  manner  of,  to  specify, 

performance  by  whom,  to  determine,  .         22 

appointment  by  superior  court,      .          .          .  21,  22 

may  appoint  public  service  commissioners,  .  22 
compensation  included  in  cost,  .  .  .  23 
decision  returnable  to  superior  court,  .  .  24 

commissioners  to  approve,  .          .          .  31,  32 

discontinuance  of  way,  as  to,  ...  24 
duties  and  powers,  .....  24,  25 
expense,  apportionment  by,  ....  23 

limit  chargeable  to  city  or  town,          .          .         23 

repairs  of,          .  •  .          •          •          .27 

grades,  to  specify,         .....         24 

change   of   railroad,  consent  of   commission 

prerequisite,       .....         24 
meetings  and  hearings,  ....         22 

method  of  construction,  to  specify,          .          .         24 

commissioners  may  be  appointed,        .          .         22 

Damages. 

assessment  of;  costs,  .....  25 
petition  for,  venue,  limitation,  etc.,  .  .  25 
to  be  brought  within  one  year,  ...  25 

payment  of,  primarily,  by  whom,  . 
cities,  etc.,  may  borrow  for, 

repayment  of  loan,          .... 

public  way,  for  discontinuance  of, 
payment,  primary  liability  for,  . 
easement  in  land  adjoining, 

private  way,  discontinuance  of,  . 
payment,  primary  liability  for,  . 
easement  in  land  adjoining, 

settlement    of    claims,  attorney-general    may 
join  in,  when,     ..... 

temporary  loans  by  cities  and  towns  for, 
application  of  repayments, 
limit  of  indebtedness,  excluded  from,  . 


32,  33 
33 
25 
25 
25 
25 
25 
25 

26 

32,33 
33 
33 


Decree. 

of  court  to  constitute  a  taking,  etc.,  .  .         24 

filing  with  county  commissioners,  .  .         24 

with  auditor  of  commonwealth,  .  .  24,  25 

recorded  in  registry  of  deeds,      .  .  .  24,  25 


288 


INDEX   TO   RAILROAD  LAWS. 


ABOLITION   OF    GRADE    CROSSINGS  — 

Concluded. 

Expense, 
apportionment  of,         .....  22,  23 

maximum,  payable  by  city  or  town,    .          .         23 
private  ways,  in  case  of,    .          .          .          .23 

several  railroads,  between,          ...         22 

certificate  of  commissioners,  .          .      29,  31,  32 

commonwealth,  proportion  payable  by,  .  23,  30 

annual  limit,  total,    .....         30 

bonds,  sale  of,  authorized,  .          .          .  30,  31 

application  of  proceeds,  .          .          .  30.  31 

not  to  Ije  assessed,  when,  ....         23 

sinking  fund,    ......         31 

payment  of,  decrees  for,         ....         28 

town's  proportion,  primarily  payable  by  state,        28 

repayment  as  part  of  state  tax,  .          .         28 

transfer  of  credits  to  loan,     ....         32 

reimbursement  of  expense,    ....  22,  23 

for  plans,          ......         22 

Proceedings. 

appointments,  decrees,  etc.,  in  any  county,      .         29 
attorney-general,  etc.,  to  appear  for  state,        .         22 
decree,  effect  of,  .          .          .          .          .          .24,  25 

decree  to  constitute  taking  of  land,  when,        .         24 
deemed  to  be  taken  by  whom,   ...         25 
filing  and  record,       .....  24,  25 

enforcement  of  laws,  regulating,     ...         29 

petition,  by  whom  filed,  contents,  .          .  21,  22 

consolidation  of  two  or  more,      ...         22 

entry,  notice  of,  to  commissioners,       .          .         21 

several  crossings,  may  include,  ...         22 

several  railroads,  may  include,  when,  .         22 

precedence,  decision  as  to,      .          .          .          .         31 

report  of  commission  to  court,         ...         24 
commissioners  to  approve,  ...         31 

no  hearing  necessary  if  members  are  special 

commissioners,  .....         32 

to   be   filed   and   recorded   in   registries  of 

deeds,  without  fee,      .          .          .          .21 

service  of  notice,  etc.,  on  commonwealth,        .         22 

Street  Railways. 

location  changed,  ....          .24 

to  contribute,  when,     .....  23 

stock  or  bonds  for,        .....  24 

reimbursement,  when,  how  expended,     .          .  23 

auditor 28 

party  to,  may  petition,          ....  22 

ABSTRACTS. 

and  tables  from  annual  returns,      ...  6 

ACCESS. 

to   books,    etc.,    of  state  departments.      See 

BOOKS. 
to  private  land,   ......         91 

ACCIDENTS. 

defective  notices,  correction  of,  .          .          .       157 

investigation  by  commissioners,  ...          13 

by  inspector,    ......         39 

inquest  in  case  of  death,        .  .          .          .         36 

notice  of;  omission,  penalty,  .          .          .  38,  39 

reports  of,  .          .          .          .  .          .          .       159 

to  employees,       .                     .  .          .          102-108 


ACCOMMODATIONS. 

for  passengers,  etc.;  reasonable,     . 
connecting  roads,  on,    . 
withholding,  penalty,    . 

ACCOUNTANTS. 

appointment,  duties,    . 
compensation,      . 
commission  may  appoint,  salaries, 
terms  of  office,  etc.. 


111,127,  128 

.    45,  46,  139 

.       Ill 


1,9 
5 

5 
5 


ACCOUNTING   OFFICER. 

to  swear  to  annual  returns,  .          .          .  17,  159 

ACCOUNTS. 

failure  to  keep  in  method  prescribed,  penalty,  16 
See  CORPORATE  MATTERS. 

of  common  carriers,  annual  audit  of,  .  .  14 

information  not  to  be  divulged,  penalty,  .  14 

forms  of,  how  prescribed,  ....  17 

ACKNOWLEDGMENT . 

of  orders  of  commission.     See  ORDERS. 

ACT. 

effective  as  to  appointment,  etc.,  on  passage,    .       xvii 
otherwise  effective  July  1,  1913,  .          .       xvii 

ADDITIONS. 

to  rolling  stock,  suggestions,  ...         12 

to  appliances,  may  be  required,      .          .          .116 

ADMINISTRATORS. 

may  vote  as  stockholders  on  stock  held,  .         58 

ADVICE. 

of  commissioners  not  to  relieve  corporate  lia- 
bility,         13 

AGENTS. 

of  commission,  may  enter  on  premises,  etc., 

when 36 

of  railroad  corporations,  penalty  ior  violation 

of  act,  etc 63 

See  EMPLOYEES. 

AGREEMENT. 

as  to  route,  ......         53 

as  to  grade  crossing  abolition,  filing,       .          .  29,  30 
approval  by  commissioners,        .          .          .29,  30 
damages,  assessment,          ....         30 

expense,  apportionment  of,          ...  29,  30 

amount  payable  by  commonwealth,          .         30 

force  and  effect  of,    .          .          .          .          .29 

AGREEMENT     OF     ASSOCIATION.       See 

CORPORATE  MATTERS. 

AGREEMENTS. 

forms  of,  affecting  rates.     See  RATES. 

ALDERMEN. 

of  Boston,  jurisdiction  of,  .  .  .  .48 
board  of,  definition,  .....  48 
complaints  to,  appeal  from,  for  commissioners,  13 
may  petition  for  examination  of  railroad, 

etc 13 

may  petition  for  special  grade  crossing  aboli- 
tion commission,          .          .          .          .21 
may  petition  as  to  alteration  of  crossings,        .          18 


INDEX   TO   RAILROAD   LAWS. 


289 


ALIGNMENT. 

change  of  location  to  improve,       ...         75 

ALTERATION. 

in  course  of  canals,         .....        89 
of  crossings.    See  CROSSINGS,  ALTERATION  OF. 
of  grade  crossings.    See  ABOLITION  OF  GRADE 
CROSSINGS. 

ALTERATION  OF   CROSSINGS. 
In  General. 

abolition  and  alteration,  distinction,       .          .         32 

appeal  from  county  commissioners,         .          .         91 

how  perfected 91,  92 


authorities  to  apply  for, 

betterment  laws  to  apply  to, 

Boston,  jurisdiction  commissioners  in,    . 

damages  for  alteration, 

expense  of  alterations, .... 

general  highway  law,  applicable,    . 

railroads,  two,  proceedings  at  crossings  of, 

recovery  of  proportionate  cost, 

taking  land  for  alterations,    . 

to  include  structural  change  in  bridges, 

County  Commissioners, 
jurisdiction  of,     . 

in  Boston,  commissioners  to  act, 
appeals  from,  to  commissioners,     . 

how  perfected,  .... 

heard  in  county,  unless, 

waiver  of ...... 

costs,  payment  of,         .... 

hearing,  decision,  etc., 


18 
20 
18 
19 
19 
20 
85 
22 
19 
18 


18,19 

18,  19 

91 

91,92 
92 
92 
19 
18 


Special  Commission. 
appointment  of ,  .          .          .          .          .          .21,22 

award  and  apportionment  by,  ,  .  .  19,  20 
appeal  to  a  jury,  .....  20 

decree  and  award  to  be  final,      ...        20 

to  include    maintenance    of    bridges    when 

rebuilt 20 

equity  jurisdiction  to  enforce,     ...         20 
appointment  of,  after  hearing,        .  .        20 

duties 19,  20 

commissioner,  one,  to  be  a  member  of,  .  .  20 
hearing,  after  notice,  .....  20 
qualifications  of  members,  ....  19 
written  award,  return  of,  .  .  .  .20 

Street  Railway  Companies. 

share  expense,      .          .  .          .          .          .18 

as  to  approaches,  etc.,  ....  18,  19 

may  ask  for  commission,  .          ...         20 

percentage  of  cost,  etc.,  ....  18,  19 

AMENDMENT. 

of  defective  returns,      .          .          .          .  17, 160 

penalty  for  neglect,   .          .          .          .          .160 

of  rulings  of  commission  by  supreme  judicial 

court 167,  168 

procedure, 167,  168 

AMOUNT. 

of  bonds.     See  BONDS. 
of  capital  stock.     See  CAPITAL  STOCK. 
of   evidences  of   indebtedness.      See  INDEBT- 
EDNESS, EVIDENCES  OF. 
of  notes.     See  NOTES. 


AMOUNT  OF  STOCK. 

per  mile,     ..... 

ANIMALS. 

barriers  against,  non-erection,  penalty, 
driving  on  track, 
illegal  transportation  of, 

confinement  restricted, 

penalty  for  violations, 

unloading  for  food,  water,  etc.,  . 


ANNUAL. 

choice  of  directors,  . 

examination  of  books  and  accounts, 

ANNUAL   MEETINGS. 

place,  proceedings,  etc.,  . 

ANNUAL  REPORT. 

to  general  court,  .         .         .         . 

date  of  submission,  .          .          .          .          . 
expenditures,  statement  of,  in,        . 
number  of  copies,          .          .          .          .          . 
printing,  distribution,  .          .          .          .          . 
reasons  for  non-approval  of  locations  in, 
for    approval    or    non-approval  of  stock  or 
bond  issues,       .          .          .          .          . 
suggestions  of  changes,  etc.,  in,       . 

See  ANNUAL  RETURNS. 


52 


84 
153 
131 
131 
131 
131 


5(5 
14 


57 


6 

6 

5-7 

6,7 

6 

72 

62 
6 


ANNUAL  RETURNS. 

to  commissioners,          .          .          .         .17,  159,  160 
treasurer  to  swear  to,          ...  17,  159 

See  RETURNS. 
to  tax  commissioner.     See  TAXATION. 

ANNULMENT. 

of  rulings  of  commission  by  supreme  judicial 

court 167,  168 

procedure,         .          ...          .          .        167,  168 

ANOTHER   RAILROAD. 

grade  crossing  over,  .....  85,  86 
engines  stopped  within  500  feet,  ...  96 
regulations  as  to,  by  commissioners,  .  .  96,  97 

APPARATUS. 

instruments,  etc.,  expenditures  for,         .          .  7 

APPEAL. 

from  Boston  aldermen,  ....  48,  49 

from  county  commissioners,  .          .          .         91 

as    to    embankments,    fences,    etc.,    none, 

when,         .....'.        84 

.    in  crossing  alterations,        ....         91 

from  special  commissioners,  alterations,  .         20 

from  valuation  of  assessors,  .          4          .          .141 

Sec  TAXATION. 


APPLIANCES. 

affecting  service.     See  SERVICE. 
in  cars,  additional, 
failure  to  provide,  penalty,    . 
for  freight  trains,  neglect, 

See  EQUIPMENT. 

APPLICATION. 

damages,  for,  within  one  year, 
repairs  on  bridges,  for,  . 

removal  of  obstructions  at  crossing 


108,  116 

108 

100-102 


83 
90 
89 


290 


INDEX   TO    RAILROAD    LAWS. 


APPLICATION  —  Concluded. 

of  statutes  as  to  railroads,     ....  49 

existing,  subject  to  general  law,  .          .  49 

toreign,    by    concurrent    legislation,  rights, 

etc., 49 

lessor  operating,  subject  to  general  law,        .  49 
special  charters,  how  affected,     .          .          .50,  51 

trustees  operating,  subject  to  general  law,  .  49 

APPLICATION  OF  PROCEEDS. 

of  bonds.     See  BONDS. 
of  capital  stock.     See  CAPITAL  STOCK. 
of   evidences  of  indebtedness.     See   INDEBT- 
EDNESS, EVIDENCES  OF. 
of  notes.     See  NOTES. 

APPOINTEES. 

of    commission,    exempt    from    civil    service 

requirements,  when,    .          .          .  -        .  4 

APPOINTMENT. 

of  commissioners,  number,  etc.,        .          .  1,  2,  4,  5 

of  crossing  alteration  commissioners,        .  .         20 

of  grade  crossing  abolition  commissioners,  .  21,  22 

APPORTIONMENT. 

expenses,  of  commissioners  [repealed],    .  .  5 

alterations  of  crossings,  for,  ....  18 

maintenance,  separated  crossings,  for,      .  .  27 

expense,  crossings  separated  by  agreement,  .  29,  30 

separated  by  special  commission,         .  .  23 

between  several  railroads,             .  .  23 

APPORTIONMENT       OF       TAXES.        See 

TAXATION. 

APPRAISALS. 

audits,  examinations,  etc.,  expenditures  for,  .         14 
of  property,  stock  or  bond  issues,   ...  2 

APPROACHES. 

in  alteration  crossings,  street  railways  to  con- 
tribute,    ....          .         ,         19 

APPROVAL. 

by  commissioners,  of  bond  issues,  60-64,  67,  69 

of  stock  issues,  .          .          .          62,  63,  67,  68 

of  issue  of  bonds.     See  BONDS. 

of   issue    of    capital    stock.      See    CAPITAL 
STOCK. 

of  issue  of  evidences  of  indebtedness.     See 
INDEBTEDNESS,  EVIDENCES  OF. 

of  issue  of  notes.     See  NOTES. 
See  ABOLITION  OF  GRADE  CROSSINGS;    COR- 
PORATE    MATTERS;      LOCATION     AND 
CONSTRUCTION. 


ARREST. 

of  passengers  without  warrant,  when, 
detention  of,    .         . 


ASSAULTS. 

employees, 


ASSESSMENT. 

of  damages,  alteration  crossings,    . 
by  county  commissioners, 
pending  suits,  .... 

of  damages,  grade  crossing  abolitions, 

of  taxes.     See  TAXATION. 


155 
35 


43 


19 

77 
81 
25 


ASSESSMENTS. 

on  shares  of  stock, 

sale  of  stock  for  non-payment  of,  . 

ASSIGNEE. 

liability  for  obstruction  by  trains, 

ASSISTANTS. 

commission  may  employ, 
salaries,  terms  of  office,  etc., 


59 
59 


99 


ASSISTANT  SECRETARY. 

duties,  etc., 


1,  2,  4,  5 


ASSOCIATES. 

number  and  qualifications,    . 
authority  of,  etc., 

See  CORPORATE  MATTERS. 


.  51,  52 
52 


ASSOCIATION,     AGREEMENT 

CORPORATE  MATTERS. 

ASSUMPTION   OF   RISK. 

by  employees,  restricted,       . 


OF.       See 


102 


AUTHORITY. 

of  commission. 


See  CONSTRUCTION  OF  ACT. 


ATTACHMENT. 

of  cars,  etc.,          ......  38 

forbidden,  unless,  etc.,           .          .          .          .  .  38 

crossings,  to  prevent  illegal,            ...  86 

grade  crossings,  for  abolition  of,     .          .          .  22 

obstruction  by  freight  trains,  to  prevent,      99,  100 

discrimination,  to  enforce  penalties  for,  .         126,  127 

merchandise,  to  enforce  transportation  of,        .  127 

penalties,  actions  by,  to  recover,     .          .          .  127 

platform  gates,  to  enforce  requirements  as  to,  109 

safety  couplers  on  freight  trains,  as  to,  .           .  101 

stations,  to  prevent  abandonment,          .          .  95 

stock,  etc.,  issue,  to  enforce  laws  as  to,  .          .  71 

ATTORNEY-GENERAL. 

to  proceed  against  railroads,  when, 

to  appear  in  grade  crossing  abolition  proceed- 


information  by,  as  to  illegal  crossings  by  rail- 
roads,        ...... 

as  to  abandonment  of  stations,  .          ,          , 
as  to  diminished  accommodations, 
application  to  supreme  court  as  to  trains  at 
crossings,  etc.,    ..... 

as  to  safety  couplers  on  freight  trains, 
to  recover  penalties   for   violation  of    laws  as 
to  equipment,  etc.,       .... 

for  failure  to  use  platform  gates, 
as  to  transportation  of  merchandise,    . 
may  apply  to  supreme,  etc.,  court  as  to  stock 
and  bond  issues,          .... 

may  advise  and  act  as  counsel, 

settlement  of  claims,  may  join  in,  . 

may  apply  to  supreme  judicial  court,  etc.,  for 

jurisdiction  in  equity  to  enforce  act, 
supervision  of  counsel  in  certain  proceedings, 
etc.,  ...... 

AUCTION. 

stock  sales  at,  when, 


11 
22 

86 
95 
95 

100 
101 

102 
109 
127 

71 

9 

26 

63 
168 

71 


INDEX  TO   RAILROAD   LAWS. 


291 


AUDITOR. 

in  grade  crossing  abolition  cases,     ...         27 

report  of,  filing 27,  28 

to  investigate  damages  paid  by  city,  town 

or  corporation,  unless,  .          .          .25,  28 

AUDITOR   OF   COMMONWEALTH. 

grade    crossing    abolition   decree,  to    be    filed 

with, 24,  25 

agreement  for  abolition,  to  be  filed  with,      .  29,  30 
to  determine  annual  payments  by  cities  and 

towns,  etc.,         .....         28 
computation  of  annual  payments  by  com- 
monwealth,          30,  31 

AUDITS. 

expenditure  for,  ......         14 

of  books,  etc.,  of  common  carriers  and  an- 
nual,         ......         14 

AUTHORITIES.       See    LOCAL    AUTHORITIES; 
CITIES;  TOWNS. 

AUTHORITY. 

of  associates  for  formation  of  corporation,  .  51,  52 
of  commission  to  supervise,  etc.,  ...  89 
for  bond  or  stock  issues,  ....  62 
for  stock  holding  by  corporations,  .  .  65 

for  locating  crossings,    ....      18,  29,  86 
to  give  mortgages,  etc.,          ....        62 
See  RAILROAD  COMMISSIONERS. 

AUTHORIZATION. 

of  location  and  construction,  ...         72 

of  recovery  for  negligence,  ....  40^42 
tor  grade  crossing  abolition,  ...  22 

AUTOMATIC   COUPLERS. 

for  freight  cars,   ......       101 

AUTOMATIC   SIGNALS. 

at  overhead  crossings,  as  to,  ...         97 

See  SIGNALS. 

AVOIDING   DAMAGES. 

by  change  of  location,  ....         80 


AWARDS. 

in  crossing  alterations, 

to  be  final,        ..... 

B. 

BADGES. 

employees,  for,  penalty, 
railroad  police  officers,  for,    . 

BAGGAGE. 

bicycles  as,  ..... 

checks  to  be  furnished,  penalty, 

free,  amount  of,  carried  on  mileage, 

injuring  or  destroying, 

unclaimed,  sale,  etc.,    .... 

penalty  for  neglect  to  advertise, 
storage  of,  no  charge  for,  when, 

BANKS. 

selling  tickets  to  foreign  countries,  bond, 

BARRIERS. 

against  animals,  non-erection,  penalty,   . 


19,  20 
20 


112 
35 


121 
121 
116 
122 
122 
123 
122 


120 


BEASTS. 

on  track,     .... 

BELL  RINGING. 

at  crossings, 

BETTERMENT   LAW. 

to  apply  to  alteration  crossings, 

BICYCLES. 


153 


97 


20 


121 

BLOCK  SIGNALS. 

to  be  maintained,  if  commissioners  shall  re- 
quire,       ......          8 

equity  jurisdiction  to  enforce,     ...  8 

BLOCKING. 

frogs,  neglect,  penalty,  .          .          .          .  95,  96 

guard  rails,  neglect,  penalty,  .          .          .  95,  96 

switches,  failure,  penalty,      ....  95,  96 

BOARDS. 

of  commonwealth,  access  to  books,  etc.,         .         16 

BOARDS   AND   COMMISSIONS. 

appointment,  duties,  reports,  etc.,  .          .     1-17 

BOILERS,  LOCOMOTIVE. 

regulations  for  testing,  .          .          .          .110 

not  testing,  penalty,     .          .          .          .          .111 

BOND. 

not  to  be  required  from  employees,          .          .       113 
from    firms,    etc.,    selling    tickets    to  foreign 

countries,  .....       120 

BONDHOLDERS. 

election  of  trustees  by,  when, 
annual  report  of  trustees  to, 
calling  of  meetings  by, 
meeting,  annual,  of;  notice,  . 
trustees'  contracts,  etc., 
proxy  voting  by,  . 

rights  ot,     . 


64,  65 
64,  65 
64,65 
64,65 

64 
64,65 

64 


BOND   HOLDING. 

in  other  corporations  regulated, 

BONDS. 

approval  of,  by  stockholders, 

by  commissioners,     . 
binding  and  collectible  at  law,  when, 
connecting  roads,  guarantee  by, 
exchange  of,  not  to  affect  mortgages, 
grade  crossing  abolition,  etc.,  for, 
mortgages,  secured  by, 
other  corporations,  of, 
registered,  regulations  as  to, 
steamship  companies,  guarantee  by. 


M 


62 
62 
64 
66 

63,  64 
60 

.  62,  63 
66 

63,  64 


Public  Service  Commission  Act  of  1913. 

railroad  corporations  may  issue,  when,    .          .  62 

for  funding  floating  debt,  .          .  62 

for  any  other  lawful  purpose,      ...  62 
may  mortgage  or  pledge  railroad,  equipment 

and  franchise,    ...  62 
real  and  personal  property,  etc.,           .          .  62 
mortgage    to    secure    all    bonds,    etc.,  pre- 
viously issued  and  outstanding,    .          .  62 


292 


INDEX   TO    RAILROAD   LAWS. 


BONDS  —  Concluded. 

amount  of ,  etc.,  not  to  exceed  twice  the  amount 
of  capital  stock,  .... 

hew  determined,        ..... 

certain,  deposited  not  taken  into  account, 
not  to  be  issued  unless  authorized  by  stock- 
holders' vote,     ..... 

nor  unless  countersigned,  etc.,  by  appointed 
person,      ...... 

or  certified  by  trust  company, 
proposed  issue,  application,  approval, 
decision,  within  thirty  days  of  final  hearing,    . 

in  writing,  with  reasons  therefor, 
determination    of   capital,  etc.,  under  acta  of 

1908 

hearing,  decision  within  thirty  days  of  final, 
order,  may  provide    for    application  of  pro- 
ceeds, etc.,          ..... 

other  corporations,   issue   for  purchase,   pro- 
hibited, except,  .... 

approval  of,  when,  . 

refusal  of  approval,  when,  .... 

superior  court,  equity  jurisdiction,  to  enforce, 

supreme   judicial   court,   equity     jurisdiction, 

to  enforce,          ..... 

application    by    commission,    attorney-gen- 
eral, etc.,  ...... 

other  states  or  foreign  countries  for  use  in, 
approval  not  required,  when, 
property,    improvements,  etc.,    to    be    re- 
ported,     ...... 

of  other  corporations  controlled  by   lease, 
etc.,  issue  for,    ..... 

proceeds  not  applied  otherwise  than  specified, 

corporations,     also     incorporated     in     other 

states,  provisions,       .... 

or  in  foreign  countries,  when, 
property,  improvements,  etc.,  to  be  reported, 
other  corporations,  issue  prohibited,  except,   . 
penalty,  for  violation  of  certain  sections, 

for  unlawful  vote  or  application  of  proceeds, 

for  unlawful  assumption  of  debt  or  liability, 

repeal  of  acts  and  parts  of  acts  inconsistent, 

etc.,  ...... 

See  CORPORATE  MATTERS. 

BONDS   OF   COMMONWEALTH. 

for  abolition  crossings,  .... 

sinking  fund,    ...... 


<  62 
62 
62 

62 

62 
62 
62 
62 
62 

62 
62 

62 

63 
63 
62 
63 

63 

63 

62,63 
63 

63 

63 

n 

88 
88 

63 
63 
63 
88 

6:5 

63 


BOOKS. 

to  be  kept  in  uniform  manner,       .          .  14,  159 
commissioners  to  prescribe  forms,            .  17,  18 
to  conform  to  interstate  commerce  forms,  17,  18 
directors  may  request  examination  of,     .  .          14 
non-submission  of,                  .          .          .  .16 
of  common  carriers,  may  be  examined,  .  .         14 
may  compel  production  of,  etc.,            .  .         14 
witnesses  as  to,  compelled  to  attend,   .  .         14 
of  state  departments,  access  to,  in  making  val- 
uation, etc.,        .          .          .          .  .  16,  17 

BOOKS  AND  ACCOUNTS.  See  CORPO- 
RATE MATTERS;  RAILROAD  COMMIS- 
SIONERS. 

BOOKS  AND  RETURNS. 

uniform  system,  ....  14,  159 

publication  of  statements,  ...          14 

See  CORPORATE   MATTERS;    RAILROAD  COM- 
MISSIONERS; RETURNS. 


BOSTON. 

jurisdiction  of  aldermen  in,  .  .  .  .48 
appeals  to  commissioners,  ....  49 
application  for  juries  in,  how  made,  .  .  49 
exception  as  to  leases,  contracts,  etc.,  .  139,  140 
cheap  morning  and  evening  trains  to  and 

from 123 

damages,  provisions  for,  in,  .  .  .  .49 
jurisdiction  of  commissioners  as  to  locations 

in 48,  49 

as  to  alteration  of  crossings  in,  .  .  .  18 
operation,  regulation  by  aldermen,  .  .  48 
workingmen's  trains,  to  and  from,  .  .  123 

BOSTON  ELEVATED  RAILWAY. 

no  repeal  of  provisions  of  act  of  1897  to  pro- 
mote rapid  transit,  etc.,       .          .          .       168 
nor   action  inconsistent    with   prior   rights, 

etc., 168 

BOSTON  TERMINAL   COMPANY. 

unauthorized  riding  upon  cars,  etc.,  of,  .          .       153 
loitering  in  station  of,  .          .          .          .          .       153 
supervision  of  stations  and  premises  by  com- 
missioners,         .          .          .          .          .12 
of  operation  of  trains  by  commission,  .         12 

BRAKES. 

and  brakemen,     ......       100 

insufficient,  penalty,     .....       101 

BRANCHES. 

capital  stock  for,  certificate,  etc.,  ...  92 
increase  of  stock  to  build,  ....  60 
prior  conditions,  .....  72,  92 

subscription  for  shares  in,      .          .          .          .66 
See  LOCATION;  CORPORATE  MATTERS. 


BRIDGE  ENGINEERS. 

expert,  appointment  of,  duties,       .          .          .    2,  37 

BRIDGE   GUARDS. 

approval  by  commissioners,  ....  96 
exemption  from  maintenance,  when,  .  .  96 
neglect,  penalty,  .  .  .  .  .96 

BRIDGES. 

alteration  of,        ......  18,  90 

alteration  of  crossings  law,  to  apply,  when,   .         90 
examination  of,  by  experts,  .          .          .          .    2,  37 

guards  for,  penalty  for  neglect,       ...         96 
height,  construction,  etc.,      ....  86,  87 

new  bridges,  examination,  report,  .          .         37 

drawings,  prints,  etc.,         ....         37 

overhead,  height  of,      .....  86,  87 

repairs,  application,  obligation,  damages,     27,  29,  90 
application  to  commissioners,   hearing,  when,         89 
decision   to    prescribe    manner    and   limits   of 

work  to  be  done,          ....          89 

superior    court,    Jurisdiction    to    enforce    de- 
cision upon  neglect,  etc.,      ...         89 
space  under,  regulated,  ....  86,  87 

ways  over  and  under,    .....  86,  87 

BRIDGING. 

to  be  indicated  on  map  of  route,    ...         52 


INDEX   TO   RAILROAD   LAWS. 


293 


BUILDINGS. 

of  common  carriers,  may  be  inspected  by  com- 
missioners, agents,  etc., 

taken  outside  route;  consent  of  town  pre- 
requisite, ...... 

BUREAU   CHIEFS. 

commission  may  appoint,  salaries, 

terms  of  office,  etc.,      ..... 

BURIAL   GROUNDS. 

layout  over,         ..... 
location  over,  prohibited  except,    . 
consent  of  town,  parish,  etc.,  prerequisite, 


36 
75 


c. 


CANALS. 

alteration  in  course  of. 
damages,  payment,  . 

CAPITAL. 

additional,  for  branches, 
increase  of;  certificate, 
illegal  increase;  penalty, 
illegal  issue;  penalty,   . 
issue  of,       . 
of  foreign  railroads, 


73,75 
73 
73,75 


89 

89 


.  60,92 

55,  60,  70 

60 

71 

62,  63,  68 
164, 165 


CAPITAL  STOCK. 

duties  of  directors  as  to,        .          .          .  58,  59 

reduction  of;  certificate.,        ....  52,  55 
subscription  and  payment  before  locating,    .          72 
See  CORPORATE  MATTERS  (CAPITAL  STOCK). 

CARLOAD  LOTS. 

of    freight,    switch    connections,    etc.,   track, 

when 138 

CARS. 

attachment  of,     .          .          .          .          .          .38 

breaking  and  entering,  ....       156 

disorderly  conduct  in,  .          .          .          .          .156 

drinking  water  in.     See  DRINKING  WATER. 
expectoration  in,  ....         154,  155 

gaming  on,  ......       156 

heating,  neglect  of,  penalty,  .          .          .       108 

lighting,  by  naphtha,  prohibited,  .          .          .       109 
machinery,  etc.,  considered,  when,          .          .       103 
obstruction  of,  penalty,         ....       155 

obstruction  by,    ......         99 

stealing  from,  penalty,  ....       156 

use  of,  for  inspection  of  lines,  etc.,  .          .         36 

operation  of,  to  secure   through  route.     See 
THROUGH  ROUTE. 

See  ROLLING  STOCK. 

CAR  SERVICE. 

jurisdiction  of  commission  over,     ...          3 

CASH   PAYMENT. 

for  new  shares  of  stock,         ....         72 


CATTLE  BARRIERS.  See  LOCATION  (Fences). 
CEMETERIES.     See  BURIAL  GROUNDS. 

CERTIFICATE. 

of  commissioners,  as  to  locations,  filing  of,  fee, 
branches,  as  to,  filing  of,  fee, 
gauge,  change  of,      ..... 


72 
92 
55 


CERTIFICATE  —  Concluded. 

of  commissioners,  incorporation,  as  to,   .          .         54 
for  foreign  countries,       .          .          .          .165 

of  commissioners,  land  damages,  as  to,  pro- 
vision for,  .....         54 

public  convenience,  of,       .          .         ,         f        53 

of  compliance,  with  laws  as  to  incorporation,         54 

routes,  as  to,  deposit  of,        .          .          .          .53 

in  cities  or  towns,  on  appeal,       .          .          .         53 

land  takings  for,  to  local  authorities,  .          .         77 

stock,  issue,          ......         58 

lost,  replacement,  etc.,       ....         59 

stock  increase,  as  to,     .          .          .          .          .55 

reduction,  as  to,  .          .          .          .55 

stock  payment  before,  ....         54 

See  CORPORATE  MATTERS. 

CHANGE. 

of  name,  commissioners  may  authorize,  .       151 

See  NAME. 

CHANGES. 

affecting  rates.     See  RATES. 

in  train  crews.     See  TRAIN  CHEWS. 

CHANGE   OF   LOCATION. 

after  land  taking,  .          .  .          .80 

avoiding  damages  by,   .....        80 

See  LOCATION. 

CHANGES. 

and  improvements,   commissioners  may  sug- 
gest,   12 

in  fares,   commissioners  may  suggest,    .          .          12 

legislature  may  revise,        .          .          .          .116 

in  rolling  stock  and  stations,  ...         12 

CHARGES. 

of  common  carriers,  inquiry  into,  .  .  127-128 

to  be  just  and  reasonable,  .  .  .116 

unjust  and  unreasonable,  unlawful,  .  .  116 

heretofore  made  deemed  prima  facie  lawful,  1 16 

weight  of  evidence,  regulation  of,  .  .116 

for  service.     See  RATES. 

CHARITABLE    PURPOSES.     See  FREE 
TRANSPORTATION. 

CHARTER. 

granted  by  concurrent  legislation,  .          .         49 

provisions   ot   act   to   be   an   alteration  or 

amendment  of,  .          .          .          .          .         49 
publication  of  petition  for,    ....         50 
petition  deposited  with  secretary,        .          .         50 
locations  under  special,  ....         51 

unauthorized   increase   of   capital   stock,    for- 
feiture for,          .....        60 
validity  of   special  powers  not   impaired  by 

general  law,        .....         49 
See    CORPORATE    MATTERS;    SPECIAL   CHAR- 
TER. 

special;  action  upon  petition;  notice,  .  .  50 
contents,  terms  and  specifications,  .  .  51,  52 
location  and  construction  under,  .  .  51,  52 
maps,  estimates,  etc.,  to  go  with  petition,  .  50 
plans,  etc.,  deposit  in  state  library,  .  .  51 
validity  of  special  powers  not  impaired  by 

general  law,       .....        49 
See  CORPORATE  MATTERS. 


294 


INDEX  TO   RAILROAD   LAWS. 


CHEAP   MORNING  TRAINS. 

and  evening,  to  furnish, 


123 


CHILDREN. 

not  required  to  ride  in  smoking  cars,       .          .       124 
under   twelve   years   of   age,     transportation 
of,  at  reduced  rate.     See  RATES. 

CITIES. 

may  borrow  for  payment  of  damages,  cross- 
ings, when,  .  32,  33 

may  receive  telephone  and  telegraph  service 

at  reduced  rates,  unless,  .  .  .  124 

CIVIL   SERVICE   RULES. 

exemption  of  experts  and  inspectors  from,     .  4 


CLAIMS. 

for  damages,  unsettled,  revivor  of, 


83 


CLASSIFICATION. 

of  common  carriers,  forms  of  accounts  for  each 

class,          ....••  17,  18 
for  service.     See  RATES. 


CLERK. 

choice  by  directors,       ..... 

must  be  resident  of  commonwealth,    . 
temporary,  how  chosen, 

See    CORPORATE     MATTERS     (Agreement    of 
Association,  Organization). 

CLERK   OF   THE   BOARD. 

appointment,  duties,  salary,  etc.,  . 
appeals  from  county  commissioners'  decisions 
to  be  filed  with,  .... 

certificate  as  to  incorporation, 

precedent  to  construction, 

as  to  foreign  railroads,        .... 

as  to  gauge,  change  of, 

as  to  locations,  ..... 

as  to  branches,  ..... 

as  to  land  purchased  outside  of  locations,    . 

as  to  plans,  etc.,  of  locations, 

as  to  purchased  land,          .... 

as  to  route,  on  appeal,        .... 
filing  by,   of  grade  crossing  abolition  agree- 
ments,      ...... 

CLERKS. 

commission  may  appoint,  salaries, 

terms  of  office,  etc.,      ..... 


56 

r>2 


1,5 

92 
54 
72 
165 
55 

74-77 
92 
75 

75,  76 
76,77 
53,77 

29,30 


CLOSING     DRAWBRIDGES. 

BRIDGES. 

COLLISIONS. 

at  grade  crossings,  liability  for, 
loss  of  life  in,   . 


See     DRAW- 


157 
157 


COLOR. 

or  race  discrimination,  prohibited,  penalty,    124,  125 


COLOR  BLINDNESS. 

examination  for;  penalty,       .... 

COMMISSIONERS . 

public  service  and  railroads,  duties  of,  etc. 
See  PUBLIC  SERVICE  COMMISSION; 
RAILROAD  COMMISSION;  and  under 
various  TITLES. 


112 


COMMISSION,    SPECIAL. 

for  crossing  alterations,  ....          19 

See  also  CROSSINGS,  ALTERATION  OF. 
for  grade  crossing  abolition,  .          .          .  21,  22 

commission  may  be  appointed,    ...         22 
See  also  ABOLITION  OF  GRADE  CROSSINGS. 

COMMODITY  RATES.     See  RATES. 

COMMON   CARRIER. 

In  General. 

accounts  of,  annual  audit,  etc.,      ...         14 

forms  of,  prescribed,  ....         17 

charges,  to  be  just  and  reasonable,          .          .       116 

unjust  and  unreasonable,  unlawful,     .          .       116 

heretofore  made  deemed  prima  facie  lawful,       116 

weight  of  evidence,   .          .          .          .          .116 

classification  of,  for  accounting,     .          .          .  17,  18 

definition,  services   supervised  and  regulated,         2,  3 

electrification  of  railroads  may  be  ordered,      .     9,  10 

entry  upon  premises  of,  by,  when,  .          .         36 

inspection  of  property,  etc.,  by  commissioners, 

etc., 36 

use  of  locomotive,  car,  etc.,         ...         36 
jurisdiction  of  commission  over,     .          .          .       2,  3 
laws   concerning,    compilations   from   time  to 

time,          ......  7 

not  liable  under  trustee  process,  when,  ,          .       134 
orders  and  rulings  of  commission,  .          .         167,  16S 
supreme     judicial     court,     jurisdiction     to 

amend 167,  168 

provisions  of  previous  acts,  etc.,  and  rights 

acquired  unrepealed,                        .          .        168 
valuation,  etc.,  of  property,  etc.,  may  be  made,  16,  17 
violations  of    interstate  commerce  law,    pro- 
ceedings  127,  128 

of  laws  of  other  states,  proceedings,     .         127,  128 
See  SERVICE.     See  also  under  other  Titles. 

Rates. 

changes  in.     See  RATES. 

charges,    regulations,      practices,    equipment, 

services  of,  inquiry,     .          .  36,  127,  128 

See  also  RATES. 

commission  may  act  upon,    .          .          .          .116 
previous  action  under  authority,  etc.,  not  to 

prevent,    .          .          .          .          .          .116 

hearings  affecting  rates.     See  RATES. 
mileage,    workingmen's,    excursion,  school    or 

commutation.     See  RATES. 
orders  fixing  rates.     See  RATES. 
passes.     See  RATES. 
schedules.     See  RATES. 
season  tickets.     See  RATES. 

Services. 

under  supervision  and  regulation,  .          .  3 

appliances  for  transportation,         ...  3 
car  service,           ...... 

conveniences  in   facilitation   of   common  car- 
riage,         ......  3 

electric  railroads,  .....  3 

equipment,  ......  3 

express  service,    ...... 

intelligence  by  electricity,  transmission  of,       .  3 

railroads,    .......  3 

street  railways,    ......  3 

telephone  lines,    ......  3 

telegraph  lines,    ......  3 


INDEX   TO   EAILROAD    LAWS. 


295 


COMMON    CARRIER  —  Concluded, 
transmission  of  intelligence  by  electricity, 
transportation,  etc.,  of  persons  or  property, 
See  also  TRANSPORTATION'. 

COMMON   OR   PARK. 

location  on,  forbidden, 


73 


COMMONWEALTH. 

books,  etc.,  of,  access  to,  in  making,  valua- 
tion, etc.,  .....         17 

hearings,  within  and  without,         .          .         127,  128 
reservation  of  powers  to,        .          .          .          .  49,  50 

may  purchase  roads,  when,   ....  49,  50 

may  take  roads  after  one  year's  notice,  .         50 

payments  for  grade   crossing  abolition,  pro- 
portion,    ......        23 

annual  limit,  total,    .....         30 

bonds,  sale  of,  authorized,  .          .          .  30,  31 

application  of  proceeds,  ...         31 

not  to  be  assessed,  when,  ....         23 

sinking  fund,    ......         31 

purchase  by,  after  twenty  years,    .          .          .  49,  50 
reserved  rights  unimpaired,  when,  .          .  49,  50 

service  of  notice,  etc.,  on,      ....         22 

taking  by,  after  year's  notice,         ...         50 
unclaimed  articles,  proceeds  of  sale  for,  .       122 

secretary   of.      See   SECRETARY  OP  COMMON- 
WEALTH. 

COMMUTATION   TICKETS. 

issue  of,       .......       119 

Boston,  Revere  Beach  and  Lynn,  exempted,      119 
See  RATES. 

COMPENSATION. 

commissioners   for    grade    crossing   abolition,  22,  23 
of    county    commissioners    in    location    pro- 
ceedings,   80,  81 

for  joint  use  of  roads,  .          .          .          .     •     .         95 
revision  by  court,      .....         95 


COMPLAINTS. 

authorities  may  make, 

investigation  by  commissioners, 
by  employees,  defective  machinery,  etc. 

secrecy  of,        .... 
grade  crossings,  as  to  obstruction  of, 
legal  voters  may  make, 

COMPLETION. 

of  branches,  limit  of  time  for, 


13 
13 
13 
13 
100 
13 


.  92,  93 


COMPLIANCE. 

with  laws  as  to  incorporation,  certificate,         .         53 
with   laws  preliminary   to   operation,  certifi- 
cate,           92,  93 

CONCURRENT   LEGISLATION. 

railroad  corporations  chartered  by,  .  .  49 
benefits,  entitled  to,  of  domestic  roads,  .  .  49 
liabilities,  subject  to,  of  domestic  roads,  .  49 

See  also  CHARTERS. 

CONDITIONAL   SALES. 

of  rolling  stock,    .          .          .          .          .          .  37,  38 

record  by  secretary,  fee,  etc.,          ...        38 

title  to  vest  in  purchaser,  when,     .          .          .  37,  38 

See  ROLLING  STOCK. 


CONDITIONS. 

and  restrictions  at  grade  crossings,          .          .         18 

affecting  rates.     See  RATES. 

upon  season  tickets,  subject  to  approval,         .       116 

CONDITIONS   PRECEDENT. 

branches,  as  to,   .          .          .  .  72,  76,  77,  92 

construction  over  ways,  as  to,  .  .          .  86,  87 

grade  crossings,  as  to,  .          .  .  .          .  86,  87 

land  taking,  as  to,         .          .  .  .          .  73,  76 

locations,  etc.,  as  to,     .          .  .  .          .  72,  73 
See  CORPORATE  MATTERS;  LOCATION. 

CONDUCT. 

disorderly,  in  trains,     .          .          .          .35,  42,  156 

CONDUCTOR. 

two  years  prior  employment  as  brakeman  re- 
quired on  standard  gauge  roads, 
penalty,  .  .  .  .  .  .  112 

CONDUITS. 

of  common  carriers,  may  be  inspected,  etc.,     .        36 

CONNECTING  POINTS.     See  THROUGH  ROUTE. 

CONNECTING  ROADS. 

accommodations      for      passengers,     freight, 

etc 138,  139 

annual  returns  to  contain  contracts,  etc.,          .         46, 

139,  140,  159 
commission     may     determine    compensation, 

when, 138,  139 

bonds,  guaranty  of  each  others',  ...  66 
Boston,  exception  as  to  leases  or  contracts,  46,  140 
chartered  by  other  states,  privileges  of ,  .  139,140 
compensation  for  drawing  cars,  etc.,  .  .  138 
construction  of  term  "  connecting  railroads,"  .  137 
contracts  and  leases  between,  .  .  45,  46,  140 
copies  of  contracts,  deposit  with  commis- 
sioners, .....  46,  140 
joint  use  of,  authorized,  .  .  .  137-140 
leases  restricted  to  ninety-nine  years,  .  .  140 
milk  receipts  from,  ....  135,  136 
regulation  of  rates  between,  .  .  138,  139 
subscription  for  shares  in,  .  .  .  .  65,  66 
See  THROUGH  ROUTE. 

CONSCIOUS   SUFFERING. 

with  death  resulting  from  injury,  damages  for,        41 

CONSENT. 

for  grade  crossings,       .....  18,  86 

CONSEQUENTIAL  DAMAGES. 

or  immediate,  provision  for,  ...         54 

CONSERVATORS. 

may  vote  as  stockholders  on  stock  held,  .         58 

CONSOLIDATION. 

of  two  or  more  petitions,  abolition  crossings,  .         22 

CONSOLIDATIONS. 

regulated,   .......        43 

approval  by  commissioners,  ....         43 

certificate  filed  with  secretary  of  state,   .          .         43 
restrained,  "merger  bill,"      ....  43-46 


296 


INDEX   TO   RAILROAD   LAWS. 


CONSTRUCTION. 

in  grade  crossing  abolitions,  . 
under  charters,     .... 
limit  of  time  for,  of  branches, 
of  railroads  over  or  under  ways, 
stock  payment  before,  .... 

See     GRADE     CROSSINGS;      LOCATION     AND 
CONSTRUCTION 

CONSTRUCTION   OF  ACT. 

continuation  of  existing  statutes,  etc.,     . 

Act  of  1913. 

remedial,  and  in  extension,  etc.,  of  all  pre- 


.  22,  23 
51 
.  92,  93 


72 


47 


168 


vious  acts,  etc., 
repeal  of  all  acts  limiting  jurisdiction,  powers, 

etc., 168 

proviso,  no  repeal  of  provisions  of  1897,  500,  .       168 
or  permitting  action  inconsistent  with  prior 

rights,  etc 168 

CONSTRUCTION   MATERIALS. 

injury  to,    .          .          .          .          .          .          .       154 

CONSTRUCTION,  METHOD   OF. 

in  grade  crossing  abolition,    ....         23 

CONTIGUOUS   COUNTIES. 

jurisdiction  as  to  land  taken  in,     .          .          .        81 
damages  if  land  lies  in,      .          .          .          .         81 

CONTRACTS. 

between  connecting  roads,     .          .          .45,  46,  139 
commissioners  to  approve,    ....  43,  45 

copies  with  commissioners,    .          .          .    13,  46,  140 
not  invalidated  in  building  branches,      .          .        92 
of  common  carriers  may  be  examined,    .          .         14 
may  compel  production  of,  etc.,  .          .         14 

witnesses  as  to,  compelled  to  attend,  .          .         14 
forms  of,  affecting  rates.     See  RATES. 
service  at  rates  in  certain,  no  discrimination, 

unless,       ......       116 

to  operate  railroad,  by  trustees,      ...         64 
notice  to  bondholders,        .          .          .          .  64,  65 

with  express  companies,   copies  for  commis- 
sioners,     ......         13 

COPIES. 

of    books,    contracts,    etc.,    compulsory    pro- 
duction of,          .....         14 

CORPORATE  FRANCHISE  TAX.    See  TAX- 


CORPORATE  LIABILITY. 

not  relieved  by  advice  of  commissioners,         .         13 

CORPORATE   MATTERS. 

Agreement  of  Association, 
annexation  to  certificates,      ....         54 

associates,  number  and  qualifications,     .          .  51,  52 
authority  of,        ......         52 

capital  stock,  to  set  forth  amount  of,      .          .         52 
certificate    of    incorporation    to    be  recorded 

with,          .          .          .          .          .          .54 

certificate  of  public  convenience,    .          .          .53 


CORPORATE   MATTERS  —  Continued, 
clerk,  temporary,  appointment  of, 

first  meeting,  calling;  affidavit, 

to  attest  proceedings  until, 
damages,  to  secure,       .... 
detailed  contents  of,     . 
directors  to  be  associates, 

to  file 

duties  of  directors  in,   . 

foreign  countries,  to  build  in, 

gauge,  to  state,    ..... 

change  of,         ..... 
names  of  directors  in,  . 
publication  and  posting  of,    . 

clerk's  certificate,  evidence  of,    . 
recording  of,         ..... 
reduction  of  capital  stock, 
secretary  of  state,  filing,  etc.,  with, 
treasurer,  temporary,  appointment  of,    . 
void  unless  incorporation  within  one  year, 


52 

.  55,  56 
56 
54 

.  51,  52 
52 
54 

.  52,  53 
164 
52 
52 
52 
52 
52 
55 
55 
54 
52 
55 


Bonds. 

Public  Service  Commission  Act  of  1913. 

railroad  corporations  may  issue,  when,   .          .  62 

for  funding  floating  debt,  ....  62 

for  any  other  lawful  purpose,      ...  62 
may  mortgage  or  pledge  railroad,  equipment 

and  franchise,    .....  62 

real  and  personal  property,  etc.,           .          .  62 
mortgage    to   secure    all    bonds,    etc.,  pre- 
viously issued  and  outstanding,    .          .  62 
amount  of,  etc.,  not  to  exceed  twice  the  amount 

of  capital  stock,           .         i          .          .  62 

how  determined,        .....  62 

certain,  deposited  not  taken  into  account,       .  62 
not  to  be  issued  unless  authorized  by  etock- 

holders'  vote,     .....  62 

nor  unless  countersigned,  etc.,  by  appointed 

person,      ......  62 

or  certified  by  trust  company,          .          .  62 
proposed  issue,  application,  approval,     .          .  62 
decision,  within  thirty  days  of  final  hearing,    .  62 
in  writing,  with  reasons  therefor,          .          .  62 
order,   may   provide   for   application  of   pro- 
ceeds, etc.,          .....  62 

other   corporations,   issue   for  purchase,  pro- 
hibited, except,            ....  63 

approval  of,  when,    .....  63 

superior  court,  equity  jurisdiction,  to  enforce,  63 
supreme   judicial    court,    equity    jurisdiction, 

to  enforce,          .....  63 

application  by  commission,  attorney-general, 

etc., 63 

other  states  or  foreign  countries,  for  use  in,     .  62,  63 

approval  not  required,  when,          ...  63 
property,  improvements,  etc.,  to  be  reported,  .  62,  63 
of  other  corporations   controlled  by  lease, 

etc.,  issue  for,    .   •       .          .          .          .63 

proceeds  not  applied  otherwise  than  specified,  63 
corporations,  also  incorporated  in  other  states, 

provisions,          .          .          .          .          .  62,  63 

or  in  foreign  countries,  when,      ...  63 

property,  improvements,  etc.,  to  be  reported,  63 

other  corporations,  issue  prohibited,  except,    .  63 

penalty,  for  violation  of  certain  sections,        .  63 

for  unlawful  vote  or  application  of  proceeds,  63 

for  unlawful  assumption  of  debt  or  liability,  63 

repeal  of  acts  and  parts  of  acts  inconsistent, 

etc ..63 

See  INDEBTEDNESS,  EVIDENCES  OF,  NOTES. 


INDEX   TO   RAILROAD   LAWS. 


297 


CORPORATE  MATTERS  —  Continued. 
Bonds  and  Notes. 

after  mortgages,  to  secure 63,  64 

amount,  limits,  record,  etc.  [repealed],     .          .  60,  69 
approval  and  certification  of   [repealed],        60,  61,  67 
bondholders,  rights  of,  ....         64 

collectible  at  law,  etc.,  ....         64 

connecting  roads,  guarantee  by,     ...         66 
denominations,  term,  interest,  etc.,          .          .         61 
floating  debts,  loans  to  secure,        ...         60 
increase  of,  ......         60 

issue  of,  authority  for  [repealed],   .          .          .  60,  61 
amount  limited  [repealed],  ...         69 

consent  of  commissioners;  proceedings    [re- 
pealed],     ......         67 

expert  investigation  of  cost  of  property,  .  2 

proceeds,  application  of  [repealed],    .          .         67 

other  corporations,  of,  holding  of,  regulated,    .         66 

par,  issued  below,  binding,     ....         64 

registered,  issued  for  coupon,  when,      .          .  63,  64 

coupon  to  be  destroyed  after,     ...        64 

mortgages,  etc.,  not  to  affect  [repealed],         .        64 

savings  banks,  investments  in,         .          .          .         70 

or     in     bonds    of     terminal     corporations, 

when,        ......         70 

steamship  companies,  to  guarantee,  etc.,          .         66 
terminal  companies,  may  hold  and  guarantee,         66 
trustees,  possession,  operation,  etc.,         .          .         64 
See  INDEBTEDNESS,  EVIDENCES  OF,  NOTES. 


Books  and  Accounts. 

close  of,  annually, 


159,  160 
58 
58 
14 
14 

.  14-16 
159 


corporate  records  to  be  at  principal  office, 

open  to  stockholders'  inspection, 
directors  may  request  examinations, 
examination  by  commissioners  annually, 
inspection  by  commissioners, 
legislative  committee  may  inspect, 
stock    and    transfer    books   to   be    kept    at 

office, 58 

open  to  stockholders'  inspection,          .          .         58 
competent  evidence  in  all  courts,         .          .         58 
penalty  for  refusal  or  neglect  to  exhibit,     16,  58,  59 
equity  jurisdiction  to  enforce,          .          .  58,  59 
uniform  system,  ....  14,  159,  160 

commissioners  to  prescribe  forms,        .          .  17,  18 
to  conform  to  interstate  commerce  com- 
mission forms,    .          .          .          .          .  17,  18 


Capital  Stock. 

agreement  of  association  to  state,  .          .  51,  52 

amount  required  per  mile,     ....         52 

assessments,  sale  for  non-payment,         .          .         60 

branches  and  extensions,  for,          ...         60 

certificates  of  increase  and  reduction,      .          .         55 

directors'  duties  as  to,  ....  58,  59 

of  foreign  railroads,  .          .          .         164,  165 

elevators,  etc.,  increase  to  build,    ...         60 

expenditure  to  insure  existence,     ...         55 

grade  crossings,  increase  to  abolish,         .          .         60 

increase  of,  authorized;  certificate,  55,  60,  62,  63 

approval  of  commissioners,  etc.  [repealed],         67 

certificate  to  secretary  of  commonwealth 

within  three  days  [repealed],         .          .         67 
duplicate  to  corporation  [repealed],  .          67 

expert  investigation  of  cost  of  property,  2 


CORPORATE   MATTERS  —  Continued, 

issue  of,  amount  per  mile,     ....  52 

approval    of    commissioners,    decision    [re- 
pealed],    ......  67 

certificate  to  secretary  of  commonwealth 

within  three  days  [repealed],         .          .  67 

duplicate  to  corporation  [repealed],           .  67 

equity  jurisdiction  as  to,    .          .          .          .  71 

issue  of,  expert  investigation  of  cost  of  prop- 
erty,            2 

illegal  issue,  penalty  for,    ....  71 

outside  state,  for  use,  no  approval,      .          .  67 

lost  certificates,  how  replaced,    ...  59 

bond  may  be  required,  ....  59 

auction,  sale  at,  when,       .          .          .      68, 71,  72 

branches,  etc.,  increase  to  build,           .          .  60,  92 

cash  payment  for  new  shares,     .          .          .  71 

elevators,  for,             .....  60 

general  court  may  authorize,      ...  60 

illegal  increase,  penalty  for,        ...  60 

new  shares,  stockholders  entitled  to,  .          .  71,  72 

notice  to  stockholders  of,         .          .          .  72 

par,  new  shares  for  not  less  than,         .          .  67 

price  of  new  shares,            ....  68,  71 

determined  by  stockholders,   .          .          . ,       68 

not  less  than  par  value,        ...  68 

new  shares  to  be  offered  proportionately 

to  stockholders,       ....  68 

notice  to  stockholders  of  record,  .          .  68 
subscription   within   fifteen  days,  to  be 

paid  in  cash,  .....  68 
auction  sale,           .....  68 
approval  of  issue  by  commissioners,          .  68 
refused  if  price  so  low  as  to  be  incon- 
sistent with  interest,         ...  68 
commissioners    to    fix   price   of   shares  [see 

1908,  636,  p.  68],                  .          .          .  71 

sale  of  new  shares,    ....          .68,71 

subscriptions  for  shares,  time  for,        .          .  68, 71 

narrow  gauge,  paid  up,          ....  55 

payment  in,  before  certificate,  etc.,         .          .  54 

construction  or  location,  before,  as  to,          .  72 

preferred,  authority  to  issue,          ...  70 

subject  to  all  general  laws  governing  issue,  .  70 

certificates  to   include  by-law   or  vote  of 

corporation  authorizing  issue,       .          .  70 

reduction  and  certificate  of,            ...  52,  55 

returns  of,  to  tax  commissioner,     .          .          .  140 

transfer  of  shares,         .....  58 

See  TAXATION. 


Public  Service  Commission  Act  of  1913. 
bonds,  coupon  notes,  etc.,  not  to  exceed  twice 

the  amount  of,   .          .          .          .          .62 

commission  to  approve  proposed  issue,  appli- 
cation,       ......         62 

decision  within  thirty  days  of  final  hearing,         62 
to  be  in  writing  and  assign  reasons  there- 
for  62 

to  be  based  upon  price,  ...         62 

order    may    provide    for    application    of 

proceeds  to,  etc.,         ....         62 
refusal  of  approval,  when,  ...         62 

determination  of  capital,  etc.,  under  acts  of 

1908 62 

hearing,  decision  thirty  days  of  final,      .          .         62 
other  corporations,  issue  for  purchase  of,  pro- 
hibited, except,  ....        63 
approved  of,  when,   .....        63 


298 


INDEX   TO    RAILROAD   LAWS. 


CORPORATE  MATTERS  —  Continued. 

other  states  or  foreign  countries,  for  use  in,   .  62,  63 

approval  not  required,  when,      ...  63 
property,  improvements  and  additions  to 

be  reported,         .....  63 

of  other  corporations  controlled  by  lease 

or,  etc.,      ......  63 

issue  for,  approval  of,  when,   ...  63 
penalty,  for  violations  of  certain  sections,          .  63 
for  unlawful  vote  or  application  of  proceeds,  63 
for  unlawful  assumption  of  debt  or  liability,  63 
price,  decision  as  to  amount,  to  be  based  upon,  62 
approval  refused  if  price  so  low  as  to  be  in- 
consistent with  public  interests,     .          .  62 
proceeds   not   to   be   applied   otherwise   than 

specified,    ......  62 

prohibition  of  issue  of,  for  stock,  bonds,  etc., 

of  other  corporations,  except,         .          .  63 
property,  improvements,  etc.,  in  other  states, 

etc.,  to  be  reported,    ....  63 

provisions  not  to  apply,  when,          .          .          .  62,  63 
to  corporations  also  incorporated  in  other 

states,  when,       .....  63 

or  in  foreign  countries,  when,       ...  63 
repeal  of  acts  and  parts  of  acts  inconsistent, 

etc., 63 

railroad  corporations  may  issue,  when,    .          .  62 
for  funding  floating  debt,  ....  62 
for  any  other  lawful  purpose,      ...  62 
supreme  judicial  court  or  superior  court,  juris- 
diction in  equity,  to  enforce,         .          .  63 
commission,    attorney-general,    any    stock- 
holder may  apply  to,            ...  63 
any  interested  party  may  apply  to,     .          .  63 

Certificate  of  Incorporation. 

issue,  form,  fee,   .          .          .          .          .          .  54,  55 

land  damages  to  be  secured,            ...  54 

limit  of  time  for  issue,            ....  55 

organization  to  follow  issue,            .          .          .  55,  56 

original  or  copy  to  be  evidence,      ...  55 

recording  with  agreement,     ....  54 

See  CHARTERS. 

Corporate  Name, 
character  of,         .          .          .         .          .          .51 

change  of,  .          .          .          .          .          .          .  151 

Directors. 

annual  choice  of,           .....  56 

agreement  of  association,  etc.,  to  file,      .          .  54 

names  of,  given  in,    .          .          .          .          .52 

associates  in  incorporating;  duties,          .          .  52 

authorized  number,  and  when  fixed,        .          .  56 

bonds,  registered,  regulations  as  to,         .          .  63,  64 

books  and  finances,  may  request  examination,  14 

capital  stock,  duties  as  to,     .          .          .          .  59 

assessments  upon  shares,   ....  59 

increase  of,  as  to,      .....  71 

subscribers,  to  be,     .....  52 

clerk  and  treasurer,  choice  by,        ...  56 

crossings,  alteration  of,  may  apply  for,  .          .  18 

abolition  of,  may  apply  for,         ...  21 

direction  and  immediate  government  in,           .  56 

duties,  powers  and  qualifications,  .          .          .  52-56 

fares,  rates,  etc.,  to  establish,         .          .          .  116 

first  meeting,  calling  by,        ....  55,  56 

fixing  route,  duties  as  to,       .          .          .          .  52 

foreign  countries,  to  construct  in,            .          .  164 


CORPORATE   MATTERS  —  Continued. 

grade  crossings,  agreement  to  abolish,     .  .  29,  30 

petition  for,      ......         29 

leases,  making  by,         ...      45,  46,  139,  140 
meetings,    within    or  without    the    common- 
wealth  og 

legal  without  notice,  when,         ...         58 
president  must  be  a;    choice  of,    .          .          .56 
returns,  annual,  ......       159 

shares,  penalty  for  illegal  issue  by,  .  .  60 
stock  dividends,  issue  forbidden,  ...  60 

liability  as  to,  .          .          .          .          .          .60 

terms  of  office  of,          .....         56 

vacancies,  may  fill,  before  establishment,         .         52 

Dissolution. 

application,  decree,  etc.,        .          .          .  151,  152 

majority  in  interest  may  apply  for,  .  .  151 

continuance  for  winding  up,  .  .  151,152 

extinct  after,  to  be,  .  .  .  .  152 

receiver  may  be  appointed  when,  .  .  .  152 

may  prosecute  and  defend  suits,  .  .  152 
appoint  agents,  etc.,  ....  152 

to  pay  debts  and  distribute  surplus,  .  .  152 

surrender  of  certificate,  petition,  etc.,  .  .  152 

publication  of  notice  may  be  required,  .  152 

return  to  secretary  of  commonwealth,  .  '  .  152 

Dividends. 

stock  dividends  forbidden,    .          .          .      60, 66,  67 

liability  of  directors  as  to,  .          .          .         67 

unclaimed,  publication,          ....         59 

Fixing  Route. 

agreement,  etc.,  of  local  authorities,  when,  53,  77,  78 

certificates,  deposit  of,           ....  54 

commissioners,  action  on  petition,  etc.;  costs,         53 

land  taking,  etc.,          .....  77-79 

location  filed  with  commissions,          .          .  77 

certificate  to  local  authorities,  ...  77 

hearing,      .          .          ...          .          .          .  77,  78 

appeal,  when,      ......  78 

location,  varied,  appeal,        ....  78 

abandonment  of  original  route,     .          .          .  78,  79 

damages,  .            ......  79 

map,  engineer's  report,  estimates,            .          .  52 

to  be  submitted  to  local  boards,           .          .  53 

variations  to  be  noted  on  map,  ...  53 

spurs,  branches  and  terminals,        ...  53 

state  house,  within  three  miles  of,           .          .  72 

tracks  longitudinally  in  ways,         ...  53 

See     RAILROAD    COMMISSIONERS;    LOCATION, 

ETC. 

Foreign  Countries. 

authorized  to  build  in,  ....       164 

agreement  of  association,  ....  164 
capital,  increase  or  reduction  of,  .  .  .  165 
certificate  of  incorporation,  and  fee  for,  .  165 

purchase  of  other  roads,  steamships,  etc.,  165,  166 
subject  to  what  provisions,  .  .  .  .164 

taxation  of,  returns,  etc.,       .          .          .          .166 

Gauge. 

agreement  of  association  to  state,  ...  52 

associates  may  change,  ....  52 

conditions  as  to,  .          .          .          .          .          .  55 


INDEX   TO    RAILBOAD    LAWS. 


299 


CORPORATE   MATTERS  —  Continued, 
change  and  certificate  of,       . 
commissioners'  duties  as  to  change, 
narrow  gauge,  capital  stock  in, 

change  to  standard,  proceedings  necessary 
to, 


55 

52 


55 


Meetings. 

calling  of,  notices,  etc.;   first  meeting,     .          .55,56 
annual  meetings,  place  and  proceedings,  .         57 

justice  of  peace  may  issue  warrant  for,  when, 
to  be  held  in  commonwealth, 
proxy  voting;  limitations!      . 
special  meetings,  calling  and  date, 
voting  upon  shares  at, 

fiduciary  stockholders,  by, 


57 
57 
57 

.57,58 
58 


Mortgages. 

authority  to  give,          .... 

bonds,  prior,  secured  by,  . 

debts,  pre-existing,  to  secure,     . 
bondholders,  election  of  trustees  by,  when, 

annual  report  of  trustees  to, 

calling  of  meetings  by, 

meeting,  annual,  of;  notice, 

notice  of  trustees'  contracts  to,  . 

proxy  voting  by, 

default  in  performance;  proceedings, 
exchange  of  bonds  not  to  affect,     . 
foreclosure,  duties,  etc.,  of  buyer,  . 
trustees,  election  by  bondholders,  etc.,    . 

annual  report  to  bondholders,  etc., 

bondholders,  entitled  to  what  voice,    . 

confirmation  of  election  of, 

contracts  to  operate  railroad, 

equitable  jurisdiction  over, 


62 
62 
62 

.    '     65 

.  64,  65 
65 

.  64,  65 
64 
64 
64 
64 
65 
65 

.  64,65 
64 
65 
64 
65 


Officers. 

accounting  officer,  to  swear  to  annual  returns, 

clerk,  chosen  by  directors,  oath,     . 

must  be  resident  of  commonwealth,  penalty, 

general  provisions  as  to,        . 

president  must  be  a  director, 

special  meetings,  to  call,  when, 

stockholders,  to  vote  on,    .... 
treasurer,  choice,  bond,  etc., 

annual  returns,  to  swear  to,        . 

bond  issues,  to  record  [repealed], 
changes    in,    certificate    to    commissioner   of 
corporations,       . 

penalty  for  neglect, 


159 
56 
56 
56 
56 
57 
57 
56 

159 
61 

56 
56,57 


CORPORATE   MATTERS  —  Concluded. 
Records. 

to  be  kept  at  principal  office  of  corporation,    . 
certificate  of  incorporation  to  be  with, 
copy,  attested,  of  agreement  of  association 
with,          ..•••• 
stock  and  transfer  books  kept  at  office, 
competent  evidence  in  all  courts, 
penalty  for  refusal  to  exhibit,     . 
prior,  to  be  attested,  etc., 


Organization . 

first  meeting  of  incorporators, 
called  by  directors,    . 
time,  place  and  purposes  stated, 
notice  to  each  incorporator, 
affidavit  of  clerk  as  to  notice  recorded, 
waiver  of  notice,        . 
by-laws  to  be  adopted,       . 
clerk  to  be  chosen,    . 
must  be  resident  of  commonwealth,    . 
clerk  of  associates  to  make  and  attest  prior 
records,      ..•••• 
election  of  directors,  . 


.  55, 
.  55, 


50 

55 
56 
56 
50 
56 
5(5 
50 
60 

56 
56 


58 
58 

58 
58 
58 

58,  59 
56 


Returns. 

annual,  to  commissioners, 

accidents,  etc.,  to  report,        . 

connecting      roads,      to      contain      contract, 

etc.,  ....  139,140, 

contract,  leases,  etc.,  to  contain  copies,  .  140, 
form  to  be  prescribed  by  commissioners,  17,  159, 
may  conform  to  that  of  interstate  commerce, 

amendment  of  defective,    .          .          •  "i 

lessor  and  lessee,  by,    . 
penalties  for  failure, 
quarterly  statement,  public  inspection  of, 

Stockholders. 

assessment  of,  proceedings,  etc.,     . 
bond  issue,  approval  by,        . 
leases,  approval  by,      . 
lists  of,  access  to, 

for  tax  commissioner,  . 
new  shares,  subscriptions  for, 
may  apply  to  supreme,  etc.,  court  as  to  stock 

and  bond  issues,          . 
proxy  voting,  limitations,      . 
special  meeting,  may  request, 
stock  dividends  forbidden,     .          .          •          •  & 
unclaimed  dividends,  publication, 
votes  of,  at  meetings,   . 


.  17,  159,  160 
159 


159 
159 
160 
17 
160 
161 
161 
161 


59 

63 
139 

16 
140 

71 

71 

57 
57 

5,67 
59 
57 


Transfer  of  Shares. 

attachment  not  to  defeat  title,  etc., 
delivery,  record,  etc., 


68 

58 


CORPORATE  NAME. 

character  of,        .          •          •          •          • 


change  of, 


151 


See  NAME. 


CORPORATIONS. 

subject  to  railroad  laws,         .... 
commissioner  of,  notice  to,  of  change  of  offi- 
cers,         ..•••• 
under  supervision  of  commission,  ...  3 


COSTS. 

of  location,  petition,     . 
payment  of,  alteration  crossings, 

recovery  of,  proportionate, 
reimbursement,  in  damage  suits, 


.  53,  81 

.  18-20 

20 

.  25,  26 


COUNSEL. 

commission  may  appoint,  salaries, 

terms  of  office,  etc.,      . 

to  act  under  attorney-general,  when, 

may    start    proceedings    in    supreme    judicial 

court 167,168,250 

to    prevent    violations    of    laws    or    orders, 

when,         .          .          -          -  167,168,250 

i  1 94- 

free  transportation,  when,      ...          * 


300 


INDEX   TO    RAILROAD   LAWS. 


COUNTIES,   CONTIGUOUS. 

damages  if  land  in, 

COUNTY  COMMISSIONERS. 
In  General. 

Boston,  jurisdiction  devolved  as  to, 
fences,  construction  on  order  of, 

order  final, 
free  pass,  penalty  for  accepting,  etc., 

Crossings. 

at  grade,  determination  of, 
abolition  of,  filing  decree  with, 

agreement,  filing  copy  with,  etc., 
alterations,  jurisdiction,  proceedings,  etc., 
appeal  to  commissioners, 
how  perfected, 
heard  in  county,  unless, 
waiver  of, 
costs,  payment  of, 
damages,  assessment  of, 
equity  jurisdiction,  as  to, 
expenses,  apportionment  of, 
special  commission,  to  ask  for, 
to  include  structural  change  in  bridges, 
change  of  course  of  ways, 
consent  to  making, 
lay-out  of  ways  across, 
obstructions,  to  remove, 

original  jurisdiction  as  to, 
private  land,  severed,  etc.,  as  to, 
raising  or  lowering  of  ways,  as  to, 
repairs,  to  order, 
safeguards  for  rails  at, 
standing  wood,  removal  of, 

damages,  appeal, 
ways,  construction  over,  to  fix  manner, 

Damages. 

assessment  by, 

change  of  route  to  avoid  serious, 

contiguous  counties,  if  land  in, 

discontinuance  of  proceedings',  no',  except, 

different  interests  in  land, 

limit  of  time  for, 

mortgaged  land,  in  case  of, 

pending  suits,  assessment  when, 

petition,  time  for  filing, 

quashing,  etc.,  of  proceedings,  practice  on 

revivor  of  unsettled  claims, 

security  for,  costs, 

tender  to  owner  on, 

warrants  of  distress,  execution, 

Embankments . 
culverts,  etc.,  may  order, 
no  appeal  from,  as  to, 
remedy  and  damages  for  non-compliance, 

Locations. 

authorized  lay-out  and  location  by, 

compensation  on  hearing  on  change  of  loca- 
tion, 

filing  of  location  with, 
purchased  land,  of, 

outside    limits,    filing    location;     proceedings' 

variations  in  location,  filing, 


81 


19 

84 

84 

123,  124 


24 

-  29,  30 
.  18,  19 
92 
92 
92 
92 

.  18-20 

.  19,  20 

90 

.  18-20 
.  19,  20 
18 
87 
87 
88 

.  86,89 
90 
91 
86 

.  89,  90 
87 
99 
99 


79 
80 
81 
84 

.  81,  82 
79 
82 
83 
79 
83 
83 
79 
79 
79 


84 
84 

84 


76,  77 

80,81 
74 
74 
75 
75 


COUNTY   COMMISSIONERS  -Concluded. 
Taxation. 

appeal  to,  from  local  determination  of  value, 
See  TAXATION. 

COUPLERS. 

safety,  on  freight  trains, 

COUPON  NOTES. 

for  more  than  twelve  months, 

must  be  authorized  by  vote  of  stockholders' 
must  be  countersigned  by  appointed  person' 
or  certified  by  trust  company, 

COURSE  OF  WAYS. 

change  of,  . 

COURT. 

See    SUPREME    JrjDICIAL    CouRT. 
COURT;  PROBATE  COURT. 

CREDITS. 

transfer  of,  to  loan,  crossing  abolitions, 

CRIMES   BY  AND  AGAINST. 
In  General. 


141 


101 


62 
62 
62 
62 


87 


32 


accidents,  omission  to  give  notice  of, 

annual  return,  neglect  of, 

baggage,  injuring  or  destroying, 
checks,  not  furnishing, 

boilers,  not  testing, 

books,  non-submission  of, 

brakes,  insufficient, 

breaking  and  entering  cars, 

bridge  guards,  omission  or  destruction  of, 

burial  grounds,  lay-out  over, 

crossings,  failure  to  stop  at,  ' 

dead  bodies,  illegal  carriage  of, 

disorderly  conduct  on  cars;  penalty, 

drawbridges,  violations,  obstructions,  etc., 

engines  or  cars,  obstruction  of, 
negligence  in  management,  ' 

fencing  track,  neglect  of, 

free  passes,  issue  to  state,  etc.,  officers,  . 

forgery  of, 

fire  safeguards,  omission  of,  . 
frogs,  switches,  not  blocking, 
gaming  on  cars;  penalty, 
gates,  platform,  failure  to  provide, 
at  crossings,  failure  to  provide,  '. 
guard  rails,  not  blocking, 
heating  cars,  neglect, 
information  of  audits,  divulging, 
lighting  by  naphtha, 
milk,  not  receiving,  connecting  roads, 
mufflers,  failure  to  use, 
private  crossings,  not  closing  gates  at, 
return,  quarterly,  failure  to  make, 
road  bed,  injury  to  construction  materials 
safety   appliances   for    freight   trains,  neglect 

°f;   ......      loo,  101 

shares,  illegal  issue  of,            .  6Q  71 

signals,  injury,  etc.,  of,  '  .„ 

signboards,  failure  to  erect,  .  .                            9g 

stations,  loitering  around,      .  .                            153 
stealing  from  cars;  penalty, 

stock,  illegal  issue  of,    .          .  .                             -. 

illegal  increase  of,  „_ 

switches,  safety,  failure  to  use,  not  blocking,   .'         95 


.  38,  39 
160 
122 

.   121 
110,  111 
16 

100,  101 
156 
96 
73 
96 

.   131 
156 
93 
155 

.   157 
84 
123 
121 
108 

.  95,  96 
156 

.   109 
.  98,  99 
95 

.   108 
14 
109 

134-136 
111 
154 
161 
154 


INDEX   TO   RAILROAD   LAWS. 


301 


CRIMES   BY   AND   AGAINST  —  Continued. 

tools,  failure  to  provide,  ....  108 
tampering  with,  .....  155 
uniforms,  neglect  of,  .  .  .  .  .112 
violations  of  law,  prevention,  etc.,  .  .  168 
weekly  payments,  non-payment  of,  .  .  114 

Animals. 

barriers  against,  non-erection  of,  .  .  .84 
driving,  etc.,  on  track,  ....  153 

illegal  transportation  of,        ....       131 

Capital  Stock,  Bonds,  etc. 

illegal  increase,    .          .          .          .          .          .  60, 63 

illegal  issue 63,  71 

Cars. 

disorderly  conduct  on,  .          .          .        156,  163 

gaming  on,  .          .          .          .          .          .       156 

not  heating,          ......       108 

obstruction  of,  etc.,       .....       155 

riding  upon,  without  authority,  .  .  .  153 
stealing  from,  .....  155,  156 

Crossings. 

gates,  flagmen,  signals,  as  to,  ...  98,  99 
private,  not  building,  .....  91 
signboards,  as  to,  .  .  .  .  .98 

Employees. 

assaults  on;   interference  with,        ...  43 

color  blindness,  non-examination  for,      .          .  112 

negligence,  etc.,  of,  causing  injury,           .          .  157 

uniforms,  badges,  etc.,  neglect  as  to,       .          .  112 

Forgery. 

of  tickets  or  passes,  .  .  .  .  .121 
stamp  of  ticket  agent,  etc.,  of,  .  .  121 

Gates. 

at  private  ways,  not  closing,  .          .          .154 

or  flags,  for  neglect  of,  ....  98,  99 


Grade  Crossings. 
gates  or  flags,  neglect  as  to,  . 
omitting  stops  at,          ... 
unreasonable  obstruction,  etc., 


Life. 


endangerment  of, 
loss  of,  negligent, 


Merchandise. 

discrimination  between  shippers  of, 
illegal  transportation,  etc.,    . 
milk,  non-forwarding,  etc.,    . 


Negligence. 

at  crossings, 

injury,  loss  of  life,  causing,    . 


98,  99 
96 
99 


.       155 
40^2,  157 


126,  127 

127 

134-136 


99,  157 
40-42,  103,  157 


Passengers. 

arrest  of,  without  warrant,  when,  .          .         35 

baggage  checks,  not  furnishing  to,  .          .       121 

baggage,  penalty  for  neglect  of,  injury,  etc.,  122,  123 


CEIMES  BY  AND  AGAINST  —  Concluded, 

fares,  evasion  of  payment  of,          ...  42 

arrest  for  refusing,    .....  35 

ejection  for  non-payment,           ...  42 

excessive  cash  fare,  charging,          .          .          .  118 
smoking  cars,  requiring  women,  etc.,  to  ride 

in 124 

withholding  accommodations  from,         .          .  Ill 


Railroad  Police. 
appointment,  .... 
witness  fees  not  allowed  to,  . 


34,  35,  36 
36 


Rolling  Stock. 

brakes,  etc.,  insufficient, 
fire  safeguards,  omission  of,  . 
heating  of  passenger  cars,  neglect  of, 
lighting  by  naphtha,  etc., 
locomotive  boiler,  not  testing, 
mufflers,  neglect  to  provide  or  use, 
platform  gates,  failure  to  provide, 
tools  and  appliances,  failure  to  provide, 

Safety  Switches. 

blocking,  failure  to  use;  penalty,    . 

Stations. 

loitering  around, 

omitting  signs  on, 

riding  on  cars,  etc.,  Boston  Terminal, 

Tools  on  Trains. 

failure  to  carry, 

tampering  with,  .... 

Track. 

driving,  etc.,  horse,  etc.,  on,  . 

permitting  beasts  upon,         .          . 
walking  or  standing  on, 

Trains. 

gross  mismanagement  of, 
missiles,  throwing  at,    . 
obstruction  by,    .... 
obstruction  of, 
wilful  stoppage  of, 

See  PENALTIES. 


.       100 

.       108 

108,  109 

109 

.  Ill 
111 
109 
108 


95 


153 

95 

153 


108 
155 


153 
153 
153 


157 
43 
99 
155 
155 


CROSSINGS. 

In  General. 

alteration,  special  commission,  etc.,         .          .  19,  20 

See  ALTERATION  OF  CROSSINGS. 

authorized  location  and  construction,      .          .  85,  86 
bell,  ringing  at,    .          .          .          .          .          .97 

branch,   spur   or   siding   of   railroad,  commis- 
sioners may  suspend,  when,          .          .       213 
consent  to  making,        .....         87 

determination  of,          .....  76,  77 

freight  trains  not  to  obstruct,         ...         99 
inspection  of,  by  inspectors,  .          .       • .         36 

lay-out  of  way  over,  upon,    ....         88 

negligence  at,       .....          98,  157 

new,  after  separation  of  grades,  maintenance 

of, 29,  30 

private  railroads,  of,  regulation,     .          .          .       163 
private   tracks,    commissioners   may   suspend 

requirements,  when,   ....      213 


302 


INDEX   TO   RAILROAD   LAWS. 


CROSSINGS  —  Continued. 

private  ways,  application  for  damages,  limit,  91 

regulation  of  grade  crossings,          ...  96 

right  of  way  by  prescription,  none,          .          .  92 

signboards,  approval  of,         ....  98 


Boston. 

jurisdiction  of  commissioners, 


.  18,  19 


Bridges. 

height,  construction,  etc.,  .  .  .  .  86,  87 
overhead,  height  of,  .....  86,  87 
repairs,  application,  obligation,  damages,  etc.,  27,  90 

Canals. 

alterations  in  course  of,  ....  90 
damages  for,  payment  of,  .  .  .  .90 

Flags,  Gates,  etc. 
commissioners  may  order,      ....  98,  99 

Grade  Crossings. 
See   ABOLITION   OF   GRADE   CROSSINGS;     Air 

TBRATION   OF   CROSSINGS. 

Land. 

severance  of,  appeal,     .....         91 

taking,  for  abolition  or  alteration  of,  etc.,     19,  24,  25 

See  LOCATION. 

Navigable  Waters. 

damages,  recovery  of,     .          .          .          .          .86 
over,  authority  for,         .....         86 

Obstructions. 

application  for  removal,  etc.,  ...  89 
county  commissioners,  original  jurisdiction,  .  90 
equity  jurisdiction  as  to,  .  .  .  .90 
indemnity  against,  .  .  .  .  .  89, 90 
standing  wood,  removal  of,  damages,  etc.,  .  99 

trains,  by;  penalty 99,  100 

assignee  or  receiver,  by,     ....         99 
freight  trains,  relief  against,        ...         99 

Private  Crossings. 

gates,  flagman,  signals,  etc.,  ...         98 

not  building;  penalty,  ....         91 

signboards,  as  to,          .          .          .          .          .98 

Private  Land. 

access  to,  cutting  off,    .....  91 

severance,  etc.,  of,  appeal,     ....  91 

county  commissioners,  etc.,         ...  91 


Railroad. 

tracks   of   two   roads;    separation    by   agree- 
ment  85,  86 

commissioners  to  supervise,        .          .          .  85,  86 

Repairs. 

application  of  authorities  for,  ...  89 
bridges,  etc.,  to,  obligation,  damages,  etc.,  .  89 
county  commissioners  to  order,  ...  89 
indemnity  to  city  or  town,  .  .  .  .  89,  90 
lay-out  of  way  over,  upon,  .  .  .  .  89,  90 
of  new  crossing,  after  separation  of  grades,  .  27,  30 


CROSSINGS  —  Concluded. 

Regulations,  Rules, 
commissioners     may     make,     for    particular 


crossings, 


96,  97 


Signals. 


99 

.  98,  99 
97 


99 
99 


18 


at  overhead  crossing,  enforcement  of, 
electric,  commissioners  may  order, 
interlocking,  expense,  etc.,     . 

Standing  Wood. 
removal  of,  .... 

damages,  appeal, 

Street  Railways. 

crossing  by,  consent  to,  regulated, 

Trains  at. 

changes  as  to  shifting,  etc.,  ....  98 

commissioners  may  recommend,  .  .  98 

obstruction  by;  penalty,  ....  99 

assignee  or  receiver,  ....  99 

freight  trains,  relief  against,  ...  99 

Ways. 

change  of  course  of,      .          .          .          .          .87 

damages,  payment  of ,  .          .          .          .          .87 

equity  jurisdiction  as  to,  .          .          .         87 

grade  crossing,  consent  for,  ....         88 

lay-out  of  railroad  over,  not  to  obstruct,          .         86 

lay-out  across  railroad,  consent  to,          .          .88 

not  to  obstruct  railroad,    ....         88 

metropolitan  parkways,  as  to,    .          .          .  88,  89 

repairs,  making  of,    .  .          .          .          .89 

over  or  under,  conditions  as  to,      .          .          .         86 

raising  or  lowering,  for,          ....  86,  87 

security  for  damages,          ....         87 

Whistling. 
at  grade  crossings,        .          .          ...         97 

regulated 98 

See   COUNTY   COMMISSIONERS;     ALTERATION 
OF  CROSSINGS. 


CROSSINGS,    ALTERATION    OF. 

TERATION   OF   CROSSINGS. 

CROSSINGS,   ILLEGAL. 

attachment  to  prevent, 

CULVERTS. 

county  commissioners  may  order, 
no  appeal  from,  as  to, 

See  LOCATION. 

CUTTINGS. 

land,  takings  for,          .          .          . 


See  AL- 


D. 


DAMAGES. 

In  General. 

agreement  of  association  to  secure, 
assessment  and  payment, 

by  county  commissioners, 
avoiding  by  change  of  location, 
Boston,  special  provisions  for, 
application  for  jury,  how  made,     . 
bridges,  for  not  repairing, 


86 


S4 

84 


74 


54 

76-84 
77-79 
80 
48 
49 
89 


INDEX   TO    KAILROAD   LAWS. 


303 


DAMAGES  —  Concluded. 

canals,  upon  alterations  in,    .  .          .          .89 

change  of  location  to  avoid,  ....  80 

consequential  or  immediate,  provision  for,       .  54 

contiguous  counties,  if  land  in,       .          .          .  81 
contingent   estates,  damages  and   indemnity 

of 81 

claimants  having  different  interests,    .          .  81 

may  be  awarded  separately,    .  •       .          .  81 

trustee  may  be  appointed  by  probate  court,  82 

different  interests  in  land,      .           ...  81 

discontinuance  of  proceedings  forbidden,  etc.,  84 

double  damages  on  neglect  to  fence,  etc.,         .  84 

employees,  for  injury  or  death,       .                 •   .  103 

equity  jurisdiction  as  to,  to  land,    ...  80 

expressmen,  noa-liability  for,          .          .          .  157 
fencing  locations,  in  addition  to,     .          .          .84 

guardian  or  trustee,  release  by,      ...  81 
jury,  application  for;  procedure;  costs,             .  79,  80 

limitation  of  time  for,        ....  79 

land,  certificate  as  to  provision  for,          .          .  54 

married  women,  due  to,  disposition  of,  .          .  82 

navigable  or  tide  waters,  for  crossing,     .          .  86 

non-payment,  effect  of,          ....  79 
parkways  across  railroads,  for,       .          .          .88, 89 

pending  suits,  assessment  when;  limitation,     .  83 

petition,  time  for  filing,          ....  79 

plans,  payment  for,  in  abolition  cases,    .          .•  22 

private  ways,  limit  for  application,          .          .  91 

quashing,  procedure  upon,    .          ...  83 

reimbursement  for  costs,  etc.,         ...  22 

remainderman  or  reversioner,  claims  by,          .  81 

revivor  on  extension  of  time;  limitation,          .  83 

suits,  payment  pending,         ....  83 
temporary  loans,  for  payment  of,  .          .          .  32,  33 

tenant  for  life,  claims  by,      ....  81 

tenant  in  possession,  may  ask  for  jury,  .          .  82 

County  Commissioners, 

assessment,          .          .....  79 

limit  of  time  for,           .....  79 

security  for,  and  costs,           .          ...  79 

tender  to  owner  on,      .....  79 

warrants  of  distress  or  execution  for,      .          .  79 

Crossings. 

for  abolition  of,   .          .          .          .          .         .25 

alteration  of,  for,          .....  19-25 

actions  to  be  begun  within  one  year,  .          .  27 

navigable,  etc.,  waters,  over,          ...  86 

payment  of  damages,   .....  86 

railroad  grade  crossings,  for  abolition  of,          .  85,  86 

separated  by  agreement,        ....  30 

temporary  loans  for  payment,        ...  32 

Mortgaged  Land. 

assessment;  procedure,          ....  82 

division  between  parties,       ....  82 

proceedings  when  taken,        ....  82 


Ways. 

on  change  of  course  of, 

raising  or  lowering,  etc.,  security  for, 

DEAD   BODIES. 

carriage  of,  regulation, 

DEATH  BY  ACCIDENT. 

inquest  in  case  of,          ... 


87 
87 


131 


39 


DEBT. 

penalty  for  assuming  or  incurring,  except,     .         63 

DEBT   LIMIT. 

temporary  loans  outside,  abolition  crossings,  .         32 

DEBTS. 

floating,  loans  to  secure  [repealed],        .          .  60,  62 
pre-existing,  bonds  to  secure  [repealed],  .  60,  62 

DECISION. 

on    petitions    for    approval  of    capital   stock, 

bonds,  etc.,         .....         62 
issue  within  thirty  days  of  final  hearing,  .         62 
order    may    provide    for    application    of  pro- 


ceeds,  etc.,          . 
writing,  in,  finding  reasons  therefor, 

DECREE. 

abolition  crossings,  filing,  effect,  etc., 

in  any  county,  .... 

alteration  crossings,  to  be  final, 

DECREE   FOR  PAYMENT. 

expense  abolition  crossings,  . 

DEFAULT. 

in  performance,  mortgages,  proceedings, 

DEFECTIVE   MACHINERY. 

complaints  by  employees, 

DEFECTIVE  NOTICES. 

correction  of, 


62 
Q3 


24,25 
29 
20 


28 


157 


DEFECTIVE   RETURNS. 

amendment  of,    .          .         .          .          .          17,  160 

DEFINITION. 

common  carriers,          .  .          .         .          3 

connecting  railroads,    .....       137 

of  terms,     .          .          .     •     .          .          .          .48 

public  way,          ......        48 

railroad,  railroads  and  railways,     ...        48 
railroad  corporation,    .....        48 

board  of  aldermen,       .          .          .          .          .48 

selectmen,  ......        48 

DEPARTMENTS. 

of  commonwealth,  access  to  books  of,  etc.,        16,  175 
in  making  valuation  of  property  of  common 

carriers,    ......         16 


DESTRUCTION. 

of  bridge-guards,  penalty,   . 


96 


DETERMINATION. 

of  value  of  property,  etc.,  of  common  carriers,         16 
of  corporations,  duties,  etc.,         .          .          .  52,  62 

DIFFERENT  INTERESTS. 

in  land,  damages,          .....        81 

DIRECTION. 

of  road  may  be  varied,  when,         ...        75 

DIRECTORS. 

penalty,  for  violation  of  certain  sections,         .         63 
See  CORPORATE  MATTERS. 


304 


INDEX   TO   RAILROAD   LAWS. 


DISCONTINUANCE. 

of  damage  proceedings,  when, 
of  grade  crossings, 

public  or  private  way, 
of  ways,  abolition  crossings, 

DISCRETION. 

of  commission.     See  CONSTRUCTION  OF  ACT. 

DISCRIMINATION. 

enforcement  of  penalties  for, 
shippers  of  merchandise,  between,   forbidden,       127 
service  under  certain   contracts    not  to  con- 
stitute, unless,    .          .         .          . 
in  rates.     See  RATES. 


DISORDERLY   CONDUCT. 


in  trains,  etc., 

passengers,  arrest  without  warrant, 


35,  42,  156 
35 


DISSOLUTION. 

of  corporations,  petition,  decree,  etc.,     .  151,  152 

continuance  for  winding  up,        .  152 

extinct  after,  to  be,  .          .          .  153 

majority  in  interest  may  apply  for,  151 

receiver  may  be  appointed  when, 

may  prosecute   and   defend  suits,   appoint 

agents,  etc.,        ...  152 

to  pay  debts  and  distribute  surplus,    .  152 

surrender  of  certificate,  petition,  etc.,     .  152 

return  to  secretary  of  commonwealth,  .       152 

publication  of  notice  may  be  required,    .  152 

DISTRESS. 

warrants  of,  land  damages,    .  79 

DISTRICT  ATTORNEY. 

to  recover  penalties  for  violation  of  laws  as 

to  equipment,  etc.,      .          .  j02 

for  failure  to  use  platform  gates,          .  109 

as  to  transportation  of  merchandise,   .  127 

DISTRICT  POLICE. 

to  enforce  weekly  payment  law,      .  114 

to  regulate  transportation  of  explosives,  ex- 
cept on  railroads,         .          .  133 

DIVIDENDS. 

stock,  forbidden,  . 

liability  of  directors  as  to, 
unclaimed,  publication, 

See  CORPORATE  MATTERS. 


60,  66,  67 
67 


DIVISION  HEADS. 

commission  may  appoint,   salaries, 


terms  of  office,  etc. 


60 


DOCKS. 

railroad  corporations  may  acquire,  hold  and 
operate,     .          . 

DOCUMENTS. 

of  common  carriers,  may  be  examined,  .          .         14 
may  compel  production  of,  etc.,  14 

witnesses  as  to,  compelled  to  attend,  .  14 

of  state  departments,  access  to,  etc.,  in  valuing 

property  of  common  carriers,       .          .  16,  17 


DOUBLE  DAMAGES. 

for  neglect  of  fencing, 


84 


DRAWBARS. 

standard  height  of, 

DRAWBRIDGES. 

closing,  regulations, 
drawtender,  ability,  duties, 
gates  across  track,  erection,  . 
distance  to  be  fixed, 

penalties  for  neglect,  obstruction,  . 

rules  for,     . 

signals  at,  display  of, 

trains,  time  allowance  to, 


102 


full  stop,  brought  to,  by  enginemen,  when, 
vessels,  passage  through, 
violations,  obstructions,  etc., 

DRAWING   CARS. 

compensation  for,  connecting  roads, 


93 
93 
94 
94 
94 

.  93,  94 
94 

.  93,94 


94 
93 
94 


138 


DRINKING   WATER. 

to  be  on  all  trains  running  thirty  miles  or  more,  109 

individual  drinking  cups  to  be  supplied,     .  109 

no  charge  for  water  or  drinking  cups,  109 

penalty  for  neglect,    ...  JQQ 
private  cars,  sleeping  cars,  dining  cars,  parlor 

cars,  etc.,  excepted,    .          .          .         109,110 

DRIVING   BEAST. 

on  track,     .... 


DUCTS. 

of    common    carriers,    may   be  inspected  by 

commissioners,  agents,  etc.,          .  33 

DUE    CARE. 

prerequisite,  loss  of  life,       .          .  40 

DUTIES. 

directors,  of,        ...  52-56 

inspectors,  of, 

of  commissioners.  See  RAILROAD  COMMIS- 
SIONERS. 

special  commissioners,  alteration  of  cross- 
ings, of,  19>  20 

special  commissioners,  abolition  grade  cross^ 

ings,  of, 21-25 

E. 

EASEMENTS. 

in    lands    adjoining    public    ways,    abolition 

proceedings,  payment,          .          .  24,  25 

in  lands  adjoining  private  ways,  payment,  .  24,  25 

EJECTION. 

from  trains,  for  evasion  of  fare,      .          .          .35,  42 
at  regular  passenger  stations  only,       .  42 


ELECTRIC  RAILROADS. 

jurisdiction  of  commission,    ...  3 

certain,  not  affected  by  law  fixing  route,         .         78 

ELECTRIC   SIGNALS. 

at  crossings,  commissioners  may  order,  .  98,  99 

ELECTRICITY. 

railroad  operation  by,  .          .          .          .          .9,  iQO 

ELECTRIC  POWER. 

instead  of  steam,  commission  may  order,         .    9,  10 


INDEX   TO    RAILROAD    LAWS. 


305 


ELECTRIFICATION. 

of  railroads,  commission  may  order, 

ELEVATED   RAILROAD. 

petition  for  charter  to  general  court, 

ELEVATORS,   GRAIN. 

increase  of  stock  to  build, 

EMBANKMENTS. 

county  commissioner  may  order,    . 
no  appeal  from,  as  to, 

See  LOCATION. 
land  for,  taking,  etc 


.  9,  10 
50 
60 


84 
84 


74 


102-108 
43 
102 
112 

.       113 

100,  101 

112 


EMPLOYEES. 

accidents  to, 

assaults  on,  punishable, 

assumption  of  risks  by,  restricted, 
badges,  uniform,  caps;  penalty, 
bond  not  to  be  required  from, 
brakernen,  number, 
color-blindness,  examination, 
complaints  by,     ..-•••         1* 
conductor,  two   years   prior   employment  as 
brakeman  required  on  standard  gauge 
roads;  penalty,  . 
damages  for  injury  or  death, 
defective  machinery,  complaints  of, 
employers'  liability  for  injuries,      .  103,  108 

extinguishing  of  fires  by,        .          .  158,  159 

fatal  accidents  to,          .          .  .     40,  41,  103 

free   transportation   for   former   railroad   em- 
ployees who  had  been  injured  in  service,       124 

injuries  to, 102,  103 

interference  with,          .          •          •          •          .       .  43 
liability  of  employers  to,  in  case  of  injury  or 

death 103,104 

for   defect   in    ways,  works    or    machinery 

arising  from  negligence, 
from  negligence  of  person  in  service  of  em- 
ployer as  superintendent,  etc., 
or  in  charge  or  control  of  signal,  switch, 
locomotive  engine,  elevated  train,  etc., 
right  of  employee  to  compensation,     . 
negligence  of,  no  defense, 

of  fellow  employee  no  defense,  106,  108 

assumption  of  risk  by  employee  no  defense,       108 
cars  of  corporation  or  elevated  cars  to  be  con- 
sidered part  of  ways,  works,  etc.,  when, 
one  or  more  cars  to  constitute  train  with 
or  without  engine,       .... 
signalman,  switchman,  engineman,  etc., 
deemed  person  in  charge  or  control, 
action  if  injury  followed  by  death  not  in- 
stantaneous,      .          .  •          • 
or    if    death    is    preceded   by  conscious 
suffering,  ...••• 
damages  for  death  in  addition  to  those  for 

injury   and  for   conscious   suffering, 
instantaneous  death,  etc.,  right  of  action  for 

damages,  .....         103,  104 
action  not  to  fail,  but  may  be  amended 

prior  to  final  judgment,        .          •          •       104 
notice   of   action   for    recovery   of   damages 

within  sixty  days,        ....       104 
action  to  be  commenced  within  one  year,       104 
in  case  of  incapacity  or  death, 
executor     or     administrator     may    bring 
action    with    notice   within   sixty  days 
of  appointment,  .... 


103 
103 

103 
103 
108 


103 
103 
103 
103 
103 
103 


104 


104 


EMPLOYEES  —  Continued, 
liability  of  employers  to,  contractor  or  sub- 
contractor, liability  to  employees  of,  104, 
not  liable  if  employee  knew  and  failed  to 

give  notice  of  defect  or  negligence, 
reduction   of   damages  when   employer   has 
contributed  to  insurable  fund,  etc.,      . 
plan  of  compensation  may  be  submitted  by 

employer, 

board  of  conciliation  and  arbitration  may 
consider,   ...... 

parent    or   guardian    of    minor    employee 
may  agree  to  plan,      .... 

method  of  signing  agreement, 
agreement  to  plan  not  to  be  made  con- 
dition of  employment, 
contract  under  plan  not  binding  for  more 

than  one  year  from  date,     . 
ten    per    cent   of,  may  submit   plan  of 

compensation,  proceedings,  .        105, 

contracts  for  exemption  of  employer  from 

liability  forbidden, 

superior  court,  justice  of,  may  cause  exam- 
ination of  ways,  works  or  machinery  to 
protect  interests  of  employees, 
notice  to  employer,  hearing,  etc.,  order, 
provisions   not   to    apply  to   injuries   to 
domestic  servants  or  farm  laborers,  etc., 
assumption     of     risk    by     railroad    em- 
ployees,    .          .          .          .          •         106 

or  by  other  employees, 
employee  not  deemed  to  assume  risk 
because  of  knowledge  of  defects,  etc., 
or  if  injured  by  reason  of  negligence 

of  other  employee  of  corporation,     106, 
repeal    of    previous    enactments,    effect, 

etc., 106, 

jury  duty,  exemption  from,  .... 
locomotive  engineer,  two  years  prior  employ- 
ment as  fireman  required  on  standard 
gauge  roads;  penalty, 

not  construed  to  apply  to  engine  hostlers,  . 
other  exemptions,  .... 

Lord's  day,  work  upon,         .          .          .        112, 
military  duty,  exemption  from, 
negligence  of,  causing  injury,      40,  102,  103,  156, 
railroad  police,  appointment  as,     . 
recommendation  of,  by  public  officers,    . 
relief  societies  for,         . 

rest,  one  day  in  seven,  .          .          •         112, 

uniforms,  etc.,  neglect,  . 

wages,  weekly  payments  to,  . 

See  RELIEF  SOCIETIES. 

EMPLOYEES   OF   COMMISSION. 

acts'  subject  to  control  or  revision,  .          .  7 

not  subject  to  civil  service  certification,  when,          4 
to  be  assigned  to  functions  or  rank  deemed 

advisable,  .          .          •          •          .       5,  7 

penalty  for  divulging  information  from  annual 

audit  of  books,  etc.,    ....         14 
of  common  carriers,   may  receive  free  or  re- 
duced rate  service,      ....       116 
train  crews,  when  insufficient  to  operate  trains 

changes  may  be  ordered,     .          .          .       101 

ENCROACHMENT    ON   LAND. 

no  title  by, 76 

ENDANOERMENT. 

of  life,    .    .   « 155 


105 
105 
105 
105 
105 

105 
105 

105 
105 
106 
106 


106 
106 


106 


108 
107 


100 
108 


107 
115 


112 
112 
112 
113 
115 
157 

34 
113 

3.3 
113 
112 
114 


306 


INDEX   TO    RAILROAD    LAWS. 


ENFORCEMENT   OF   LAWS. 

regulating  grade  crossing  abolitions,        .          .         29 
See  EQUITY;  RAILROAD  COMMISSIONERS. 

ENGINEER. 

of    grade     crossings,     employment    by  corn- 
mission,     ......  4 

appointment  by  attorney-general,  duties,  etc.,         21 
compensation,  how  determined,     ...  4 

ENGINEERS. 

commission  may  appoint,  salaries,           .          .  5 

terms  of  office,  etc.,      .....  5 

may  enter  premises  of  carriers,  when,   .          .  36 

ENGINEER'S   ESTIMATES. 

of  length  of  line,  cost,  etc.,  in  locations,  .  72 

report,  map,  etc.,          .....  52 

variations,        ......  53 

ENGINEMEN. 

control  of  train  by  brakes,    ....       101 
negligence  of,  penalty,  .          .          .         156,  157 

See  CRIMES;  DRAWBRIDGES;  EMPLOYEES; 
EQUIPMENT  AND  OPERATION. 

ENGINES,   LOCOMOTIVE. 

boilers,  testing,    .          .          .          .          .  .110 

obstruction  of,               .          .          .          .  .155 

fire  from,  liability  for,  ....  157-159 

insurable  interest,      ....  157,  158 

spark  arresters  for,       .          .          .          .  .158 

See  BELLS;  WHISTLING. 

ENTRY. 

of  petition  for  grade  crossing  abolitions,  no- 
tice to  commissioners,  .  .  .  21 

on  premises  of  common  carriers  by  commis- 
sioners, etc.,  .....  36 


EQUAL  FACILITIES. 

and  terms,  for  transportation, 


126 


EQUIPMENT. 

of  common  carriers,  inquiry  into,  .          .         127,  128 
may  be  inspected  by  commissioners,  agents, 

etc., 36 

of  railroads,  may  be  mortgaged  for  payment  of 

indebtedness,     .....         62 
operation  of,  to  secure  through  route.      See 

THROUGH  ROUTE. 
affecting  service.     See  SERVICE. 

EQUIPMENT   AND   OPERATION. 
In  General. 

bell,  ringing  at  crossings,       .          .          .          .  97,  98 

Boston,  aldermen  in,  to  regulate,  ...  48 

brakes  and  brakemen,             ....  100 

bridge  guards,      ......  96 

defective     machinery,     complaints     by    em- 
ployees,    ......         13 

electricity,  operation  by,        ....  100 

examination   by   commissioners   authorized,    .  13,  14 

frogs,  blocking;  penalty  for  neglect,        .          .  95 

grade  crossings,  whistling,  etc.,  at,           .          .  97,  98 

guard  rails,  blocking;  penalty  for  neglect,        .  95 

interlocking  signals,  proceedings  to  authorize,  97 
Sunday  trains  and  boats,  commissioners  may 

authorize,            ...          .          .          .  136 

whistles,  sounding  at  crossings,       .          .          .  97,  98 


EQUIPMENT  AND  OPERATION  —  Continued. 
Accidents. 

investigation  by  inspectors,  .... 


inquest  in  case  of  death, 
medical  examiner,  notice  to, 
on  street  railways, 
commissioners,  notice  to, 

Accommodations . 
penalty  for  withholding,         . 
reasonable,  for  passengers,     . 


36 
39 

.  38,  39 
.  38,  39 
.  38,  39 


111 
111 


Bridges, 
alteration  in,         ......  18,  90 

bridge  guards,  erection;    penalty  for  neglect,  .  95,  96 
examination  of,  and  report,  by  experts,  .     2,  37 

repairs,  damages,  etc.,  .          .          .          .  27, 90 

ways  over  or  under,  construction  of,        .          .  86,  87 

Drawbridges. 

closing,  regulations  for,  .  .  93 

draw-tender,  abilities,  duties,  ...  93 
gates  across  track,  erection  of,  .  .94 

commissioners  to  fix  distance,     ...         94 
passage  of  vessels  through,    .  ...         93 

penalties  for  neglect,  obstruction,  etc.,    .          .         94 
rules  for,     .  .  .          .          .          .          .  93,  94 

signals,  display  of,         .....         94 

trains,  time  allowance  to,  .  .  .  .  93,  94 

full  stop,  brought  to,  when,         ...         94 

Employees. 

assaults,  etc.,  on,  punishable,          ...         43 
assumption  of  risk  by,  ....       102 

badges  and  uniform  caps;  penalty,          .          .112 
bond  not  to  be  required  from,        .          .          .       113 
brakemen,  number  required,  .          .         100,  101 

color-blindness,  examination  as  to,          .          .       112 
complaints  by,     ......          13 

damages  for  injury  or  death,  .          .          103-108 

defective  machinery,  complaints  of,  .  .  13 
fatal  accidents  to,  ....  40-42,  103 

injuries  to, 103-108 

jury  duty,  exemption  from,  ....  115 
military  duty,  exemption  from,  .  .  .115 
negligence  of,  causing  injury,  40-42,  103-108,  156,  157 
railroad  police,  appointment  as,  ...  34 
wages,  weekly  payments  to,  .  .  .114 

relief  societies  for,  .....  33 
uniforms,  etc.,  neglect  as  to,  .  .  .112 

recommendation  of,  by  public  officers,    .          .113 

Fire. 

from  engines,  liability  for,  .  .  .  157-159 
insurable  interest,  ....  157,  158 

Freight  Trains. 

equipment  with  safety  appliances,  .  .  101 

automatic  couplers,  .....  101 

drawbars,  standard  height  of,  .  .  102 

four-wheel  cars  exempt,  ....  102 

grab  irons  or  hand  holds,  ....  102 

penalty  for  violation,  ....  102 

refusal  of  cars  from  other  roads,  .  .  101 

risk,  non-assumption  by  employee,  .  .  102 

not  to  obstruct  crossings,       ....  99 


INDEX   TO   RAILROAD   LAWS. 


307 


EQUIPMENT  AND  OPERATION  —  Concluded. 

<  Inspection. 

accidents,  investigation  of,    .          .          . 
duties  of  inspectors  as  to,  . 

inquests,  inspectors  to  attend,  .  .  . 
report  to  commissioners,  .... 
witnesses,  summoning  of,  as  to.  .  .  . 

Joint  Use. 

of  road  or  station,  award  of  compensation, 
revision  of  award  by  court,  .... 


95 
95 


Railroad  Police. 


appointment  of,  . 
duties  in  general. 


.  34,  35 
35 


Rolling  Stock,  etc. 

additional  appliances  for  safety,     .          .          .116 
attachment  of,     .          .          .          .          .          .38 

forbidden,  unless,  etc.,        ....         38 

brakes  and  brakemen  for,      ....       100 

power  and  train  brakes,     ....       101 

conditional  sale  of,        .....  37,  38 

acknowledgment,  record,  fee,  etc.,        .          .         38 
general  law  not  applicable,          ...         38 
name  of  owner,  etc.,  to  bear,      ...        38 
payment  of  price,  record,  fee.     ...         38 

couplers,     .......       101 

fire,  safeguards  against,          ....       108 

grab  irons,  etc.,  as  to,  .          .          .          .          .       102 

heating  of  passenger  cars,      ....       108 

inspection  of,        .          .          .          .          .          .36 

lighting  by  naphtha,  etc.,  forbidden,       .          .       109 
locomotive  boilers,  testing  of,         .          .         110,  111 
machinery,  considered,  when,          .          .          .       103 
mufflers  for  vacuum  brakes,  .          .          .       Ill 

safety  valves,  for,      .          .          .          .          .111 

platform  gates,    .          .          .          .          .          .       109 

safety  appliances,  extension  of  time,       .          .       102 
suggestions  of  additions  to,    .          .          .          .12 

tools  to  be  carried,        .....       108 

Stations. 

abandonment  forbidden,  when,      ...  95 

attorney-general,  duty  as  to,      .          .          .  95 

commissioners  to  suggest  changes,  etc.,  ,          .  12 

joint  occupancy,  award  of  compensation,  ,  65 

revision  of  award  by  court,          ...  95 

name  on  signs  at  or  near,        ....  95 

relocation  permitted,  when,    ....  95 

Switches. 

penalty  for  not  blocking,       ....  95,  96 
safety,  to  be  used;  approval  of,     .          .          .         95 

Trains. 

cheap  morning,  to  be  furnished,     .          .          .123 
Sunday,  running  on,     .....       137 

workingmen's,      ......       123 

See  TRAINS. 

EQUITABLE  JURISDICTION.    See  SUPREME 
JUDICIAL  COURT;  SUPERIOR  COURT. 

EQUITABLE    RELIEF.       See    SUPREME    JU- 
DICIAL COURT;  SUPERIOR  COURT. 


EQUITY.      See    SUPREME    JUDICIAL    COURT; 
SUPERIOR  COURT. 

ESTABLISHMENT   OF  FARES. 

by  directors,         .          .          .          .          .          .116 

See  FARES. 

ESTIMATES. 

to  accompany  charter  petitions,     .          .          .         50 
engineers,  in  location  proceedings,  .          .         72 

EVASION   OF  FARE. 

penalty,      .......        42 

passenger  may  be  ejected  for,         .          .          .  35,  42 
may  be  arrested  by  railroad  police,     .          .         35 

EVIDENCE. 

original,  or  copy,  of  incorporation  certificate, 

to  be,        .          .          .          .          .          .55 

See  CORPORATE  MATTERS. 

EVIDENCES   OF   INDEBTEDNESS. 

See  INDEBTEDNESS,  EVIDENCES  OF. 

EXAMINATION. 

as  to  color-blindness,    .         .         .         .          .112 

of  bridges,  by  experts,  .         .         .          .    2,  37 

of  books  and  finances,  .          .          .          .  13,  14 

of  railroads,          .          .          .          .          .          .8-10 

notice  of,  when,         .....         13 

EXAMINATIONS. 

expenditures  for,  .....  7 


EXAMINERS. 

may  enter  upon  premises  of  carriers,  when,      .         36 

EXCHANGE. 

of  bonds,  not  to  affect  mortgages,  .•         .  63,  64 

EXCURSION  TICKETS.     See  RATES. 

EXECUTION. 

for  payment  of  land  damages,        ...        80 

EXECUTOR. 

may  vote  as  stockholder  on  stock  held,  .         58 

to  sue,  loss  of  life,         .....        40 


EXEMPTION. 

from  fencing,        ...... 

revocation  of,  proceeding, 
of  experts  and  inspectors    from    civil    service 
rules,  . 


84 
84 


of  four-wheeled  freight  cars,  appliances,          100,  102 


EXEMPTION     FROM    TAXATION. 

TAXATION. 


See 


EXIGENCY. 

certificate  of  public,      .....         53 
not  required  if  located  under  special  char- 
ters, ....        51 


EXISTING   RAILROADS. 
subject  to  general  law, 

EXPECTORATION. 

in  cars,  stations,  steamboats,  etc., 


4!) 


154,  155 


308 


INDEX   TO    RAILROAD   LAWS. 


EXPENDITURES. 

to  insure  existence,       .         ....        55 
for  opinions,  advice,  etc.    See  PUBLIC  SERVICE 
COMMISSION  (expenditures). 

EXPENSE. 

of  crossing  alterations,  apportionment,  .  19,  20,  29 
of  grade  crossing,  abolition  by  agreement,  .  29, 30 

amount  payable  by  commonwealth,    .          .  30,  31 
of  grade  crossing  abolitions  by  special  com- 
mission,      22,  23 

limit  chargeable  to  towns,  etc.,  ...         23 

EXPENSES   OF   COMMISSIONERS. 

provisions  as  to,  .         .          .          .          .       5-7 

EXPERTS. 

appointment  by  commissioners,      .          .  2,  5 
examination  of  bridge  by,      .          .          .          .  37 
to  make  appraisals  of  property,      ...  2 
transportation  of,           .....  5 
may  be  transported,  free,  .         .          .          .5, 124 
may   ride   upon   locomotive  car  or   steam- 
ship, etc.,            .....  36 

EXPLOSIVES. 

transportation  of,  by  railroads,  .  .  .  133 
powers  of  commissioners  as  to,  transferred  to 

district  police,    .....       133 

EXPRESS   BUSINESS. 

persons  or  corporations  conducting,  excepted 
from  law  prohibiting  transportation 
of  intoxicating  liquors,  .  .  .  132 

EXPRESS   COMPANIES. 

contracts  with,  copies  for  commissioners,  .  13 
railroads  not  liable  for  injuries  by,  .  .  157 
supervision  of,  by  commissioners,  .  .  3,  10,  11 
bond  to  treasurer  and  receiver  general,  .  .  11 
compliance  with  statutes,  binding  on,  when,  .  10 
continuance  in  office,  revocation,  .  .  .  10,  11 
discrimination  between  shippers  forbidden,  .  10 

injunction  lies  against,       ....         10 

penalty  for,  between  shippers,    ...         10 
foreign  countries,  general  agent  of,          .          .         10 
information  as  to  conduct  of  business,  to  be 

furnished,  .          .          .          .          .16 

orders,    fraudulent   removal  from  order-box, 

penalty,    .          .          .          .          .          .11 

power  of  attorney,  creating,  copies,  etc.,          .  10, 11 
process  to  be  served  on,         ....          10 

rates     and     accommodations,    commissioners 

may  investigate,         ....         16 

recommendations  as  to  changes,  .          .          16 

returns,  annual,  by,  to  commissioners,    .          .          16 

to   include   copies  of   contracts  with  other 

companies,  etc.,  ....         16 

amendment  of  returns,  neglect,  penalty,     .         16 
weekly  payment  of  wages,  by,        .          .          .114 

Taxation. 

annual  returns  to  tax  commissioner,      .          .       148 
to  be  sworn  to  by  treasurer  or  other  finan- 
cial officer,  etc.,  ....       148 
outstanding  capital  to  be  stated,       .          .       148 
classes  of    stock,   par  value,  number  of 

shares,  market  value,  etc.,  .         .          .       148 
bonds,  amount,  par  and  market  value,  etc.,       148 


EXPRESS    COMPANIES  —  Concluded. 

annual    returns    to    tax    commissioner,     real 
estate,    machinery,    merchandise,   etc., 
to  be  reported,  ..... 
local  taxes  paid  thereon  to  be  reported,   . 
gross   earnings    within    and    without   com- 
monwealth to  be   reported, 
securities    not    liable    to    taxes    to    be    re- 
ported  148, 

return  to  be  filed  with  tax  commissioner, 

not  open  to  public  inspection, 
failure  to  make  return,  notice,  penalty, 
recovery  of  penalties   or  forfeitures,  in- 
formation in  equity,   .... 

tax    commissioner    to    estimate    value    of 
capital,     ...... 

to  levy  excise  tax  on  person,  company, 

partnership  or  association,  . 
determination  of  fair  cash  value,  etc.,     . 
local  value  may  be  taken  as  true  value, 
when,         ...... 

appeal    from    local    valuation,    may    re- 
quire,          149, 

may  be  heard  upon  appeal, 

shall  give  notice  of  amount  of  tax, 

application  for  correction  cf  tax,  board 

of  appeal  may  hear, 
assessors  to   make   return   as   to  real 
estate,  etc.,  locally  taxed,   penalty, 
submission   of   books   to,   examination 
on  oath  concerning, 

EXPRESSMEN. 

approval  of,  by  commissioners, 

local,  discrimination  between,  forbidden, 

contracts  with,          .... 

equitable  jurisdiction  to  enforce, 

indemnity  required, 
non-liability  for  damages  by  acts  of, 

EXPRESS   MESSENGERS. 

season  tickets  for,         .... 


148 

148 

148 

149 
149 
149 
149 

149 
149 

149 

149 

149 

150 
150 
150 

150 
150 
150 


126 
126 
126 
126 
126 
157 


123 


EXPRESS   SERVICE. 

jurisdiction  of  commission  over,     .          . 

EXPRESS   TRUST. 

See  VOLUNTARY  ASSOCIATIONS. 

EXTENSION   OF  TIME. 

for  location,  to  revive  claims, 

EXTENSIONS. 

.  certificate  for,  capital,  etc.,   . 

See  LOCATION. 

EXTRA   CASH  FARES. 

on  trains,    ...... 

coupons  for  repayment, 
penalty  for  charging  excessive,   . 


83 


118,  119 
118,  119 
118,  119 


F. 


FACILITIES. 

affecting  rates.     See  RATES. 

equal,  to  all  persons  and  companies,     .          .       126 

FACTORIES. 

of  common  carriers,  etc.,  may  be  examined, 

etc., 36 


INDEX    TO    RAILROAD    LAWS. 


309 


FARES. 

directors  to  establish,   . 
evasion  of,  arrest, 
changes,  suggestion  of, 
charges  for.     See  RATES. 
commutation  tickets,  issue  of, 
consolidation,  no  increase  after, 
ejection  for  non-payment, 
evasion  of,  penalty, 
extra  cash  fares  on  trains, 
coupons  for  repayment, 
penalty  for  excessive, 
legislature  may  revise, 
limited  tickets,  terms,  etc.,    . 
reduction  on  certain  trains,  . 


116 
42 
12 

.  119 
44 
42 
42 

118,  119 
118,  119 
118,  119 
.  116 
.  123 
123 


FATAL   INJURIES, 
to  employees, 
to  passengers,  inquest,  etc.,  . 


103 
.  39,  40 


FEES. 

and  expenses  of  grade  crossing  commission- 
ers, paid  by  railroads  in  first  instance,         22 
thereafter  apportioned  to  respective  parties,         22 

FENCES,  FENCING.     See  LOCATION. 

FERRIES. 

railroad     corporations     may     acquire,     hold 

and  operate,  .          .         .          ,         66 

FERRY   BOATS. 

railroad  corporations  may  acquire,  hold  and 

operate,    ......         66 

FIDUCIARY   STOCKHOLDERS. 

may  vote  upon  stock  held,    ....         58 

FILING. 

of  schedules  of  rates,  etc.,      .  .  .          .       117 

to   conform   to   requirements  of  interstate 

commerce  commission,  .  .          .117 

FILING  LAND   TAKINGS. 

in  grade  crossing  abolitions,  ...         24 

See  LOCATION. 

FILING  LOCATIONS. 

certification,  etc. ,          .          .          .          .          .  72, 7*7 

with  commissioners,      .....  77,  78 

with  county  commissioners,  ...         74 

purchased  land,  of,    .          .          .          .          .74 

of  branches,          ......         92 

See  LOCATION. 

FILING    REPORTS. 

by  auditors,  grade  crossing  abolitions,     .          .         28 
See  ABOLITION  OF  GRADE  CROSSINGS,  RETURNS. 


FINANCES. 

examination  of, 


14 


FIRE. 

from  locomotive   engines,   damages,   liability,       157 
insurable  interest,      .....       157 
safeguards,   commissioners  may  order;    omis- 
sion of,  penalty,          .          .          .        108,  109 


FIRE  —  Concluded. 

spark  arresters  for  locomotives,  commissioners 

to  approve,         .          .          .          .          .       158 
railroad  location  to  be  cleared  of  dry  leaves, 

etc.,  .' 158 

cross   ties   and    other    material    may    be 

kept,  on  right  of  way,  .          .          .        158 

adjoining   land   may  be  cleared  by  rail- 
road  corporation,    notice,    etc.,   .          .       158 
fire  signal  to  be  sounded  from  engine,     158,  159 
authority  of  commissioners  over  whist- 
ling not  affected,     ....        159 

sectionmen    and  other  employees   may 

extinguish  fires,  unless,     .          .          .159 
information    and    facilities    to    be    fur- 
nished by  corporations,    .          .          .        159 
no  authority  to  enter  upon,  etc.,  pub- 
lic parks  or  reservations,  .          .        159 
liability    of    corporation    to    cities    and 
towns   for  fires   set   by  engines,     etc., 
recovery,  ......       159 

locations,    adjoining  land,   etc.,   to     be 

cleared,  :  158,  159 

FIRE   EXTINGUISHERS. 

commissioners  may  order;  omission,       .          .       108 

FIRE   SIGNAL. 

from  locomotives,  when,  etc.,        .          .          158,  159 
law  as  to  whistling,  etc.,  not  affected,     .          .       159 

FIREMAN. 

negligence  of,       ......       156 

free  or  reduced  rate,  while  in  uniform,    .          .       124 

FIRST  MEETING. 

of  corporations,  calling,  by  directors,      .          .  55,  56 
See  CORPORATE  MATTERS. 


FISCAL   YEAR. 

of  commonwealth,  to  begin  December  1, 
financial  statements,  etc.,  to  conform  to, 

FIXING  ROUTE.     See  CORPORATE  MATTERS. 


7,8 

7,8 


FLAGS. 

at  crossings, 
neglect  of,  . 


98,99 
99 


FLOATING   DEBT. 

loans  to  secure,    ...... 

funding  of,  etc.    See  CAPITAL  STOCK;  BONDS; 
NOTES;  INDEBTEDNESS,  EVIDENCES  OF. 


FORECLOSURE. 

of  mortgages,  duties,  etc.,  of  buyer, 
rights  of  purchaser  under, 

FOREIGN   COUNTRIES. 

authorization  to  build  in,  etc., 
purchase  of  roads,  steamships,  etc., 
sale  of  tickets  to,  bond,  etc., 
securities  for  use  in,  provisions  as  to, 
See  CORPORATE  MATTERS. 


62 


65 
65 


FOREIGN  RAILROADS. 

agreement  of  association, 
by  concurrent  legislation,  rights,  etc., 
directors, 


.   164 

165,  166 

120 

.  62,  63 


164 
49 
164 


310 


INDEX   TO    RAILROAD   LAWS. 


FOREIGN   RAILROADS  —  Concluded. 

capital,        .          .          .          .          .          .       ,  .  165 

increase  or  reduction  of,     .          .          .          .  165 

certificate  of  incorporation,   ....  165 

directors,  clerk,  powers,  etc.,           .          .          .  165 

duties  of  commissioners,        ....  165 

may    acquire    other   railroad   and   steamship 

lines,         ......  166 

securities  for,  provisions  as  to,       .          .          .  62,  63 

subject  to  what  provisions,   ....  164 

taxation  of,  returns,  etc.,       ....  166 


FORFEITURE   OF   CHARTER. 

for. unauthorized  increase  of  capital, 


00 


FORGERY. 

of  tickets  or  passes,       .....       121 
of  stamp  of  ticket  agent,  etc.,         .         .          .       121 

FORM. 

of  accounts,  prescribed,         ....         17 
of  annual  returns,  prescribed,          .          .  17,  159 

of  contracts,  etc.,  affecting  rates.     See  RATES. 
of  season  tickets,  subject  to  approval,    .          .       116 

FORMS   OF  ACCOUNTS. 

of  common  carriers,  classification,  etc.,    .  .          17 

accounts  to  be  kept  in  accordance  with,  .          17 

to  conform  to  interstate  commerce  forms,  .  17,  18 


FORWARDING. 

merchandise,  promptly, 
milk,  etc.,   . 


127 
134-136 


FRANCHISE. 

of  railroads  may  be  mortgaged  for  indebted- 
ness, .... 


FREE  PASSES. 


See  PASSES. 


FREE   TRANSPORTATION. 

of  passengers  or  property,  prohibited, 
exceptions,  ...... 

for  charitable  purposes,  to  be  approved  by 
commissioners,  .... 


for  former  employees  who  have  been  injured 


FREIGHT. 

through  route  for,  may  be  ordered,  etc., 

FREIGHT   TRAINS. 

equipment  with  safety  appliances, 

automatic  couplers,  . 

drawbars,  standard  height  of,     . 

four-wheel  cars  exempt, 

grab  irons  or  hand  holds,  . 

penalty  for  violation, 

making  up  of,  changes  in, 
not  to  obstruct  crossings, 

relief  against,   . 

refusal  of  cars  from  other  roads,  . 
risk,  non-assumption  by  employees, 
shifting,  changes  in  manner  of, 

FREIGHT  TRANSPORTATION. 

charges  for,  . 

discrimination  forbidden,  . 

See  MERCHANDISE. 


02 


124 
124 


124 


124 


138 


.  101 
101 
102 

100,  102 
102 
102 


99 
100 
101 
103 


127 
127 


FROGS. 

commissioners  to  approve  blocking,         .          .         95 
blocking,  penalty  for  neglect,          .          .          .  95,  96 

FUNDING. 

indebtedness.      See   BONDS;    CAPITAL   STOCK; 
INDEBTEDNESS,  EVIDENCES  or;  NOTES. 


G. 


GAMING. 

on  cars;  penalty, 


GATES. 

at  drawbridges,    .... 
at  private  ways,  not  closing, 
or  flags  at  crossings,  application  for, 
or  electric  signals  at, 

commissioners  may  order, 
neglect  of,  ... 

proceedings  to  enforce, 

GATES,   PLATFORM. 

failure  to  provide,          .          . 

GAUGE. 

agreement  to  state, 

conditions  as  to,  ... 

change  of,   .          .          ... 

commissioners'  duties  as  to,        . 

certificate  of  clerk,    . 
narrow,  capital  stock  in, 

change  to  standard,  proceedings, 


156 


94 

154 

98,  99 

99 

99 

99 

99 


109 


52 
52 

52,  55 
55 
55 
52 
55 


GENERAL    COURT. 

action  by  boards,  etc.,  under  delegated  author- 

ity from,  .          .          .          .          .          .       116 

not  to  prevent  action  by  commission,  when,        116 
officers  and  employees  of,  free  transporta- 

tion .......       124 

annual  appropriations  by,  for  commission,       .  6 

may  revise  rates,  .          .          .          .          .116 

petitions  for  incorporation  to,  .          .50 

may  authorize  stock  increase,         ...         60 
See  LEGISLATURE. 

GENERAL  LAW. 

organization  under,       .          .          .          .          .51 

GOVERNMENT. 

of  corporations,  by  directors,          ...         56 

GRAB   IRONS. 

or  hand  holds,  freight  trains,  approval,  etc.,    .       102 

GRADE. 

change  of,  consent  of  commissioners,  .  .  24 
special  commission  to  specify,  in  abolition 

crossings,  .....         24 

GRADE   CROSSINGS. 

In  General. 

abolition  and  alteration,  distinction,  .  .  32 
another  railroad,  of,  .  .  .  .  .86 

regulations  as  to,  by  commissioners,  .  .  96,  97 

bell  and  whistle  sounded  at,  ...  97,  98 

regulations  as  to,  by  commissioners,  .  .  98 

collisions  at,  liability  for,  ....  157 


conditions  and  restrictions  by  commissioners, 
consent  for,  ...... 


18 
87 


IM3EX   TO   RAILROAD  LAWS. 


311 


GRADE   CROSSINGS  —  Concluded, 
increase  of  stock  to  abolish, 
interlocking  signals,  adoption  of  system, 

expense,  award  of,  etc., 
obstruction  of,  unreasonable, 
private  crossings,  appeal, 

hearing  in  county  where  taken  unless, 
separation  of  two  railroads,  . 
stops  at  railroad;  penalty  for  not  stopping, 
street  railways,  with,  authorization, 
trains,  shifting  at,          .... 
whistles  or  bells  to  be  sounded  at, 

regulations  as  to,  by  commissioners,    . 

Construction, 
over  ways,  ..... 

conditional  on  not  obstructing  way,    . 

county  commissioners  to  fix  manner,  . 

consent  of  commissioners, 

safeguards  for  rails,  .... 
ways  over  railroads,      .... 

Gates  or  Flags. 

application  for,    ..... 
commissioners  may  order,     . 
electric  signals  at,          .... 
equity  proceedings  to  enforce, 
penalty  for  non-compliance, 

Railroad  Grade  Crossings. 
consent  to,  ..... 

regulations  for,  .... 

separation  of,  duties  as  to, 

Signboards. 

erection,  inscription,  etc., 

application  for,  .... 

equity  proceedings  to  enforce,    . 
penalty  for  non-compliance, 

Street  Railways. 

consent  to,  ..... 

abolition  crossings,  to  contribute,  when, 
reimbursement,  when,  how  expended, 
location  changed, 


60 
97 
97 
100 
91 
92 
85 
96 
18 


.  97, 
.  97, 


98,  99 

98,99 

98,  99 

99 

99 


86,  87 
86,  87 


9S 

99 

(19 


18 

22-24 
25 
24 


Ways. 

change  of  course  of,  damages  for,  ...  87 
equitable  jurisdiction  as  to,  .  .  .  .  87 
lay-out  across  railroad,  ....  88 
private  crossings,  appeal,  .  .  .  .91,92 
repairs,  making,  ......  90 

GRADE     CROSSINGS,     ABOLITION     OF. 

See  ABOLITION  OF  GRADE  CROSSINGS. 

GRAIN  ELEVATOR. 

stock  holding  in,  ... 


GRAVEL. 

taking  land  for,  etc. 


74 


GUARANTY. 

of  bonds,  connecting  roads,  . 

GUARD  RAILS. 

blocking  of,  penalty  for  neglect, 


95,96 


GUARDIAN. 

damages,  release  by,     .          .          .          .  .81 

may  vote  as  stockholder  on  stock  held,  .         58 

assessment  of  tax  on  stock  held  by,         .  143,  144 

GUARDS. 

bridge,  erection;  penalty  for  neglect,      .          .         96 

H. 

HAND   HOLDS. 

or  grab  irons,  freight  trains,  .          .          .        102 

HARBOR  AND  LAND  COMMISSIONERS. 

to   consent   to   construction   over   navigable 

waters,      ......         8ft 

HEARINGS. 

by  special  commissioners,  crossing  abolitions,  22,  23 

quorum  to  hear  and  decide  contested  matters,  9 

within  and  without  commonwealth,        .          127,  128 

as  to  rates.     See  RATES. 

as  to  service.     See  SERVICE. 

before  one  commissioner,  law  repealed  as  to 

contested  cases,  ....  9 

in  contested  cases,  quorum  of  commission 

necessary,  .....  9 

on  complaint  as  to  through  route,  etc.,   .          .       138 

on  petitions  to  interstate  commerce  com- 
mission, .....  127,  128 

on  proposed  issues  of  bonds,  capital  stock, 
etc.  See  BONDS;  CAPITAL  STOCK; 
INDEBTEDNESS,  EVIDENCES  OF;  NOTES. 
See  SUPREME  JUDICIAL  COURT. 


HEATING. 

cars,  passenger,  regulation;  penalty, 


HEIGHT. 

of  bridges,  . 
overhead, 


HIGHWAYS. 

crossing  by  private  railways, 

number  to  be  crossed  to  be  shown  on  map  of 
route,  ...... 

over  railroads,     ...... 

railroads  are  not  to  obstruct, 

raising  and  lowering,  county  commissioners 
to  direct,  ...... 

taken  by  railroads,  consent  of  town  pre- 
requisite, ...... 

See  CROSSINGS;  COUNTY  COMMISSIONERS; 
WAYS. 


108 


86 
8ft 


163 


86 


K7 


75- 


I. 


ILLEGAL. 

stock  issues,  penalty  for, 
stock  increase,  penalty  for, 


IMPROPER   SERVICE. 

See  SERVICE. 

IMPROVEMENTS. 

commissioners  may  suggest, 
in  mode  of  operation,  as  to, 
rolling  stock  and  stations,  as  to,  . 

INADEQUATE   SERVICE.     See  SERVICE. 


.  60,  71 
60,  66,  67 


12 
12 

12 


312 


INDEX  TO   RAILROAD   LAWS. 


INCORPORATION. 

petition  for,  to  general  court,  ...  50 
certificate  as  to,  .  .  .  .  54,  55 

to  be  evidence,  etc.,  ....  55 

of  relief  societies,  .....  33,  34 

See  CHASTER;  CORPORATE  MATTERS. 


INCREASE. 

of  bonds  and  notes,       .....         60 

of  capital  stock,  bonds,  etc.,  .          55,  60,  62,  71 

illegal  increase,          ....  60,  63 

illegal  issue, 63,  67,  71 

authorized  certificate  of,    .          .          .          .  55,  58 

to  build  elevators,     .....         60 

approval  by  commissioners,         .          .          .62, 63 
for  branches,    ......         60 

See  CORPORATE  MATTERS. 


INDEBTEDNESS.  See  BONDS;  CAPITAL 
STOCK;  NOTES;  INDEBTEDNESS,  EVI- 
DENCES OF. 


INDEBTEDNESS,  EVIDENCES  OF. 

Public  Service  Commission  Law  of  1913. 

railroad  corporations  may  issue,  when,  .          .  62 

for  funding  floating  debt,  ....  62 

for  any  other  lawful  purpose,      ...  62 
may  mortgage  or  pledge  railroad,   equip- 
ment and  franchise,    ....  62 

real  and  personal  property,  etc.,      .          .  62 
mortgage  to  secure  all  bonds,  etc.,  pre- 
viously issued  and  outstanding,    .          .  62 
amount  of,  etc.,  ......  62 

not  to  exceed  twice  the  capital  stock,           .  62 

how  determined,    .....  62 

certain  bonds  deposited  not  taken  into  account,  62 

not  to  be  issued  unless  by  vote  of  stockholders,  62 

not  unless  countersigned  by  appointed  person,  62 

or  certified  by  trust  company,    ...  62 

commission  to  approve  proposed  issue,  .          .  62 

application  to,            .....  62 

decision  within  thirty  days  of  final  hearing,     .  62 

to  be  in  writing  and  assign  reasons,     .          .  62 
order  may  provide  for  application  of,  particular 

uses,          ......  62 

other  states  or  foreign  countries,  for  use  in,   .  62 

approval  not  required,  when,      ...  62 
property,    improvements,    etc.,    to    be    re- 
ported,     .          .          .          .          .          .  62,  63 

of  other  corporations,  etc.,  issue  for,       .          .  63 
proceeds  to  be  applied  as  specified  in  order,     .  62,  63 
property,  improvements,  etc.,  to  be  reported,    .  62,  63 
prohibition  of  issues  of,  for  stock,  etc.,  of  other 

corporations,  except,  .          .          .          .  62,  63 

other  corporations,  issue  for,  purchase  of,  pro- 
hibited, except,            ....  63 

approval  of,  when,    .....  63 

supreme  judicial  court  or  superior  court,  juris- 
diction in  equity  to  enforce,      .          .  63 
commission,    attorney-general,    any    stock- 
holder may  apply  to,            ...  63 
interested  party  may  apply  to,         .          .  63 
penalty  for  violation  of  certain  sections,         .  63 
for  unlawful  vote  or  application  of  proceeds,  63 
for  unlawful  assumption  of  debt  or  liability,  63 
repeal  of  acts  and  parts  of  acts  inconsistent, 

etc.,  63 


INDEMNITY. 

against  obstructions,  crossings, 
to  city  or  town,  . 

INFORMATION. 

to  be  furnished  commissioners, 


89,  90 
89,  90 


13 


INJUNCTION. 

against  discrimination,  transportation,  .  .  126 
proceedings  to  prevent  violations  of  law  or 

orders  of  commission,  .          .        167,  168 

to  prevent  threatened  violations,  etc.,     .        167,  168 

INJURIES,  LIABILITY  FOR. 

authorization  of  recovery  for  negligence,  .  40-42 

collisions  at  crossings,  for,  ....  157 
crossings,  for  negligence  at,  .  .  .  .157 
employees,  to,  .  .  .  .  .  103-108 
express  companies,  railroads  not  liable  for,  .  157 
fire  from  engines,  for  loss  from,  .  .  157,  158 

insurable  interest  in  adjoining  property,       .       158 
littoral  on  tide  water,  to,       .          .          .          .86 

merchandise,  for  not  transporting,  etc.,  .       127 

negligence,  for,    ......  40-42 

private  crossings,  from  not  closing  gates,         .       154 
railroad  police,  caused  by,     .          .          .          .  35,  36 

recovery  over  by  town  against,  .  .  .  156 

tracks  longitudinally  in  ways,  from,  .  .  53 
towns,  to,  when,  ....  156 


INJURY. 

causing  loss  of  life, 

to  signals,   .          .          . 

to  baggage,  .... 

to  construction  materials, 

INQUESTS. 

in  case  of  death  by  accident, 

inspector  to  attend, 
report  upon  death  by  accident, 

bill  approved  by  commissioners, 


40-42 
42 
122 
154 


39 

36 

39 

.  39,  40 


to  be  forwarded  to  commissioners  within 

thirty  days,        .....  40 

INSANE  HOSPITALS,   STATE. 

location  over  land  of,  forbidden,    ...  73 

INSPECTION. 

duties  of  inspectors  as  to,      .          .          .          .  36 

accidents,  investigation  of,          ...  36 

inquests,  to  attend,  .          ....  36 

report  to  commissioners,    ....  36 

witnesses,  summoning  of,  .          .          .          .36 

of  crossings,          ......  36 

of  equipment  and  machinery,         ...  36 
of  property,  equipment,  buildings,  factories, 

offices,       ......  36 

of  plants,  power-houses,  ducts,  conduits,          .  36 
service,  transportation,  etc.,  in  connection 

therewith,           .....  36 

locomotive,  car,  etc.,  for  use  of  commission,  36 

of  roadbed, 36 

of  rolling  stock,    ......  36 

of  stations  and  grounds,        ....  36 

of  tracks, 36 

recommendations  upon,         ....  36 

INSPECTION   CAR. 

use  of,  for  inspection  of  lines,  etc.,           ,          .  36 


INDEX    TO    RAILEOAD    LAWS. 


313 


INSPECTION   LOCOMOTIVE. 

use  of,  for  inspection  of  lines,  etc.,  .          .         36 

INSPECTORS. 

direction  of  examinations  by,  ...  36 

railroad  and  railway,  appointment,  .  .  2-5 

report  to  commissioners,  ....  36 

to  inspect  crossings,  .....  36 

to  investigate  accidents,  ....  36 

exemption  from  civil  service  rules,  unless,  .  4 

free  transportation,  when,  ....  124 

commission  may  appoint,  salaries,  .  .  5 

terms  of  office,  etc.,  .....  5 
may  enter  upon  premises  of  common  carriers, 

when, 36 

may  ride  upon  locomotive,  car  or  steamship  for 

physical  inspection,     ....  36 

INSTITUTIONS,  STATE. 

locations  on  land  of,  forbidden,  except,    .          .         73 

INSURABLE  INTEREST. 

as  to  fires  from  engines,          ....       158 

INTERCHANGE   TRACKS. 

to    secure    through    routes.      See    THROUGH 
ROUTE. 

INTERESTED   PARTY. 

application  as  to  bond  issue,  to  court,     .  .         71 

may   apply   to   supreme   judicial   court,  etc., 

for  enforcement  of  provisions,       .  .         63 

INTERESTS   IN  LAND. 

different,     .......         81 

INTERFERENCE. 

with  employees,  ......         43 

INTERLOCKING   SIGNALS. 

proceedings  to  authorize,       ....         97 
expense,  award  of,  etc.,      ....         97 

INTERSTATE  COMMERCE   COMMISSION. 

commission  may  petition,      .          .          .         127,  128 
may  present  evidence  and  argument  to,      127,  128 
forms  of  accounts  of,  to  be  followed,       .          .  17,  18 
schedules  of  rates  to  conform  to  forms  pre- 
scribed by,         .          .          .          .          .  17,  18 
form  of  returns  required  by,  ...         17 

returns  may  conform  to,        .          .          .          .17 
one  month's  notice  of  change,     ...          17 

INTERSTATE    COMMERCE   LAW. 

violation     of,     commission     may     prosecute, 

when 127,  128 

free  or  reduced  rate  given  classes  defined  in,    .       124 

INTOXICATING  LIQUORS. 

transportation  of,  prohibited,          .          .          .       132 
exceptions,  railroad,  certain  street  railway 

corporations,      .....       132 
persons    or    corporations    lawfully    con- 
ducting a  general  express  business,        .       132 
steamboats       regularly       operating       to 

Martha's  Vineyard  or  Nan  tucket,  .  132 
marking  of  packages,  delivery,  etc.,  .  .  132 
record  of  receipt,  etc.,  to  be  kept,  .  .  .  133 


INVESTIGATIONS. 

begun  by   Massachusetts  Highway  Commis- 
sion may  be  continued  by,  .          .          3 
pending      proceedings      brought     by       or 

against,  not  affected,  ...  3 

may  be  prosecuted  or  defended  by,  if,       .  3 

rights  or  penalties  not  waived,    ...  3 

recovery  or  indictment  not  affected,          .  3 

inquiry    into    regulations,    practices,    equip- 
ment, service,  etc.,      .          .          .          .    9,  10 
action     if     unjust,     unreasonable,     unsafe, 

improper  or  inadequate,  .  .  .  9,  10 
of  valuation  of  property  of  common  carriers,  16 
of  rates.  See  RATES. 

ISSUE   OF  STOCK.     See   CORPORATE   MAT- 
TERS (Capital  Stock,  Directors). 


J. 


JOINT   RATES. 

charges  for.     See  RATES. 

JOINT   USE. 

of  connecting  roads  authorized, 

of  stations,  ...... 

award  of  compensation,          .... 

revision  by  court,      ..... 

of  tracks  by  street  railway  companies,  con- 
sent, when,         ..... 

commissioners  to  approve  or  preserve  regu- 
lations,     ...... 

connection  of  tracks  as  agreed  upon  and 
approved,  . 

JURIES. 

application  for,  in  Boston  cases,     . 

JURISDICTION. 

of  commission,     ...... 

in  Boston  crossing  alterations,    . 
of  county  commissioners,  obstructions,  etc.,    . 

crossing  alterations,  .... 

over  land  takings  in  contiguous  counties, 

of  damages,  equity,  ..... 
of  police  officers  on  trains,  etc., 
to  enforce  grade  crossing  abolition, 

See  CONSTRUCTION  OF  ACT. 

JURISDICTION   IN   EQUITY. 

See    SUPREME    JUDICIAL    COURT;     SUPERIOR 
COURT. 

JURY. 

in  damage  suits,  application  for,  etc., 
in  Boston,        ..... 
limitation  of  time  for,         .... 

JURY  DUTY. 

exemption  of  railroad  employees  from,    . 

JUSTICE   OF  THE  PEACE. 

may  issue  warrant  for  corporation  meetings, 
when,         ...... 


137 
95 
95 
95 

187 
187 
187 

49 


2 
19 
90 

18,  19 
81 
81 
34 
29 


79,81 

48,49 

79 


115 


L. 


LABOR   AND   MATERIALS. 

action  for,  .... 
contractor  not  to  sue  for, 


148 
148 


314 


INDEX   TO    RAILROAD   LAWS. 


LABOR  AND  MATERIALS  —  Concluded. 

limitation  of  action  for,  ....  149 
notice  as  to  materials,  filing,  .  .  148,  149 

sworn  statement  as  to  labor,  filing  of,     .          .       148 

LAND. 

adjoining   locations  to  be   cleared  of  leaves, 

etc., 158,  159 

encroachment  on,  no  title  by,         ...         76 

mortgaged,  damages,          ....         82 

in  contiguous  counties,  damages,   ...         81 

LAND  DAMAGES. 

application  for,    ......  79,83 

certificate  as  to  provision  for,  ...  54 

new  application  if  proceedings  are  quashed,  .  83 

discontinuance  regulated,  ...  84 

for  mortgaged  land,  .....  82 

to  be  secured,  when,  ...  54 

in  contiguous  counties,  ....  81 
See  LOCATION,  ETC. 

LAND   OWNER. 

consent  to  crossing  of  private  railways,  .       163 

erection  of  fences  on  request  of,  .          .80 

LAND   TAKING. 

and  damages,       ......  74-85 

conditions  precedent,  as  to,  .          .          .      72,  76,  77 
crossing  alterations,  for,         ....         19 

grade  crossing  abolition,  for,  .          .          .  24,  25 

outside  of  route,  limits,  etc.,  ...         75 

See  LOCATION. 

LAW. 

violation  of,  or  order,  proceeding  in  supreme 

judicial  court,    .....       168 

LAY-OUT. 

of  railroad  land  taking  for,    ....  74 

of  ways  over  railroad,  .....  88 

metropolitan  parkways,  etc.,       ...  88 

repairs,  making,  ......  90 

See  LOCATION. 

LEASES,   CONSOLIDATIONS,  ETC. 

approval  by  commissioners,  ...         43 

certificate  of,  filed  with  secretary  of  state,    .         43 
between  connecting  roads,     .          .          .  45,  139 

copies  with  commissioners,  .  .  .  13,  46,  140 
directors  may  make,  .  .  .  .  46,  139 
restricted  to  ninety-nine  years,  .  .  .  140 

regulated, 45,  46,  139 

not  to  be  avoided  in  building  branches,  .         92 

stockholders  to  approve,        ....       139 

LEGISLATION. 

concurrent,  railroads  chartered  by,  .  .  49 
recommendations  for,  .....  6 

LEGISLATIVE   COMMITTEES. 

may  inspect  books  and  accounts,.          .          .       159 

LEGISLATURE.      See   GENERAL  COURT. 

LESSEE. 

returns  by,  ......       161 

LESSOR. 

operating  railroad,  subject  to  general  law,       .        49 
returns  by,       .          .  .          .          .       161 


LETTER   CARRIERS. 

free  or  reduced  rate  while  in  uniform,    .          .       124 

LIABILITY. 

corporate,  not  relieved  by  commissioners'  ad- 
vice, ......         13 

of  employers.     See  EMPLOYEES. 

for  collisions  at  grade  crossings,      .          .          .       157 

for  injuries.     See  INJURIES. 

of  directors,  stock  dividends,  ...         67 

penalty  for  assuming  or  incurring,  except,      .         63 

primary,  for  payments,  abolition  damages,      .         25 

LIBRARY,   STATE. 

plans  with  special  charters  to  be  deposited  in,         51 

LIEN. 

for  cost  of  fences,  etc.,  ....         85 

on  registered  land,  how  recovered,  .          .         85 

LIFE. 

endangerment  of,  .          .          .          .          .155 

loss  of,  negligent,       ....    40-42,  157 
See  Loss  OF  LIFE. 

LIGHTING. 

of  cars  by  naphtha,  etc.,  forbidden,         .          .       109 

LIMIT. 

of  annual  payment  by  commonwealth,  aboli- 
tion grade  crossings,   ....         30 

LIMITATIONS. 

affecting  rates.     See  RATES. 

LIMIT    OF   EXPENSE. 

grade  crossing  abolitions,  to  towns,         .          .        23 

LIMIT   OF  TIME. 

for  completion  of  branches,  ....  92,  93 
for  construction  of  road,  .  ...  55 
for  damage  assessments,  .  ...  77 
for  issue  of  certificate  of  incorporation,  .  .  55 
private  ways,  damage  applications,  .  .  91 

LIMITATION. 

of  actions,  loss  of  life,  .....  40 
to  proxy  voting,  ......  57 

LIMITED  TICKETS. 

terms,  etc.,  ......       121 

LIMITS   OF  LOCATIONS. 

land  taken  outside,       .....         75 
See  LOCATIONS;  TAXATION. 

LIQUOR. 

transportation  into  no-license  towns,      .          .       132 

LISTS. 

of  stockholders,  access  to,  .          .          .16 

LITTORAL   OWNER. 

on  tide  water,  liability  to,     .          .          .          .86 

LOANS. 

by  towns   for  payment,   damages,   abolition 

crossings,  .  32,  33 

repayment  of  loan,    .          .          .          .          .  32,  33 


INDEX   TO   RAILROAD   LAWS. 


315 


LOCAL   AUTHORITIES. 

agreement  as  to  route,  ....  53, 78 

to  apply  for  crossing  alterations,    ...         18 
See  ALDEBMEN;  SELECTMEN. 

LOCATION. 

of  crossings,          ......  29,  85 

to  be  cleared  of  leaves,  etc.,  .          .          .       158 

under  charters,    .          .         .          .          .          .51 

for    switch    connections    for    through    route. 
See  THROUGH  ROUTE. 


LOCATION  AND  CONSTRUCTION. 
Conditions  Precedent. 

capital  stock,  subscription,  payment,  etc.,       .  72 

certificate  of  commissioners,  etc.,  filing;  fee,    .  72 

county  commissioners  to  authorize  lay-out,    .  75 
engineer's  estimates    of    cost,    submission    to 

commissioners,  .          ....  72 

fixing  the  route,  ......  51-53 

organization  of  corporation,  etc.,  .          .          .  51,  52 

prior  conditions  as  to  branches  or  extensions,  72,  92 

taking  land,  prerequisites  for,         .          .          .  76-79 

ways,  construction  over  grade  crossings,           .  87 
See  CORPORATE  MATTERS. 

Changes  of  Location. 

by   county   commissioners,   to   avoid   serious 

damages,  ......  80,  81 

compensation  of  county  commissioners,  .  80,  81 

to  improve  alignment,  ....         75 

variation  in  route,  consent  to,        .          .          .75 

Construction  of  Road. 

when  to  begin  and  be  completed,  ...  55 
gauge,  conditions  as  to,          .          .          .          .  52,  55 
limit  of  time  for  construction,         ...  55 
county    commissioners    may    order    embank- 
ments, etc.,        .....  84 
remedy  and  damages  for  non-compliance,   .  84 
longitudinally  in  ways,           ....  53 

Embankments,  Culverts,  etc. 
construction  of,   .          .          .          .          .          .84 

double  damages  in  tort  for  neglect  of,  .  .  84 
specific  performance  of  order,  ...  84 
county  commissioners  may  order,  .  .  84 

Fencing. 

construction  on  county  commissioners'  order,         84 
order  as  to  final,        .          ...          .          .84 

upon  request  on  taking  land,          ...         80 
action  of  tort  upon  delay,     ....        84 

additional  to  damages  to  land  owner,     .          .        84 
cattle  barriers,  erection  of,    .          .          .          .84 

cost,  lien  for,  and  recovery  of,        .          .          .        85 
double  damages  for  neglect,  ...         84 

entire  length,  to  be  built  along,      ...         84 
equity  process  to  restrain  or  compel,       .          .  84,  85 
exemption,  by  commissioners,         ...         84 
revocation  of  exemption;   proceedings,          .         84 
land  owner,  erection  on  request  of,          .          .         80 
penalty  for  not  building,        ....         84 

registered  land,  sale  for  costs  of,  .  .  .  85 
specific  performance  of  order,  ...  84 


LOCATION  AND  CONSTRUCTION  —  Continued. 
Locating  the  Road. 

common  or  park,  location  on,  forbidden,  etc.,  73 

burial  grounds,  through,  forbidder,     .          .  73 
Massachusetts  state  sanatorium,  not  on  land 

of 74 

outside  limits,  allowance  of  location,       .          .  75 

materials,  new  tracks  or  stations,  for,            .  75 

taxation,  not  exempt  from,          ...  76 

public  parks,  consent  to  location  on,       .          .  73 

state  house  land,  over,  forbidden,             .          .  73 

state  insane,  etc.,  hospitals,  not  on  land  of,  73 

state   institutions,    on   land   of,    forbidden, 

except, 73 

within  three  miles  of  state  house,  except,      .  72 
width  of  location  limited  to  five  rods,     .          .  74 
additional  for  gravel,   tracks,  station  pur- 
poses, etc.,          .....  74 
powers  of  county  commissioners  vested 

in  commissioners,        ....  74 
under  special  charter,  .          .          .          .          .   '      73 

Filing  the  Location. 

where  and  when;  contents,   ....  74,  75 

equity  to  restrain,  etc.,  use,  etc.,  unless,           .  74 

purchased  land,  filing  of  location,             .          .  76 

records  of  location,  form,  certification,  etc.,    .  76 

commissioners  to  prescribe  rules  for,        .          .  76 

c'erk  to  certify  as  to  compliance  with,          .  76 

Opening  of  Road. 

certificate   of   compliance   to   precede    opera- 
tion,          ......  93 

maps,  profile,  etc.,  filing  of,         ...  93 

Taking  Land. 

and  damages  therefor,            ....  77 

location  to  be  filed  with  commissioners,        .  77 
form,  plans  and  particulars  required  by 

rules, 77 

to  operate  as  a  taking  of  lands,  buildings, 

rights,  etc.,         .....  77 

copy  to  be  filed  with  local  authorities 

within  ten  days,           ....  77 

to  be  certified  by  clerk  of  commissioners,        77 
hearing  upon,         .....         77 

agreement  fixing  route,  certificate,  etc.,          .  78 

report  to  commissioners  within  sixty  days,  78 
petition   to  commissioners  upon  failure   to 

agree,        ......  78 

route  to  be  fixed  within  ninety  days,  certifi- 
cate,            78 

location  fixed  in  accordance  with  original 

location  as  varied  in  certificate,    .          .  78 
copy  filed  in  each  county  within  sixty 

days 78 

not  to  apply  to  electric  railroad  companies, 

etc 78 

variation  of  route,  filing  with  commissioners 

and  in  counties,          ....  78 
failure  of  local  authorities  to  agree,  peti- 
tion to  commissioners,          ...  78 
powers  of  county    commissioners    vested 

with  commissioners,    ....  78 
original    location  abandoned,  when,  rights 

of  interested  parties,  ....  78,  79 
lands,  buildings,  rights,  etc.j  not  originally 

included  deemed  to  have  been  taken,  79 

damages,  assessment,  application,  etc.,   .  79 


316 


INDEX   TO    RAILROAD    LAWS. 


LOCATION  AND  CONSTRUCTION  —  Concluded. 

change  of  location  after,        ....         80 

crossings  of  ways  first  fixed,  ...         77 

abolition  of,  for,        .....         25 

alterations,  for,          .          .          .          .          .18 

navigable,  etc.,  waters,  over,      ...         86 

equity  to  enjoin  use,  when,  ....         77 

fencing  on  request,        ...'..         80 

other   railroads,    lands   or   rights  of,    may   be 

purchased  or  taken,    .          .          .          .  75,  76 
for   crossing   railroads    or   street   railways, 

commissioners  to  adjudge  necessity,  .  76 
plan  or  description  for  owner,  remedy,  .  .  80 
prerequisites  for,  .....  76,  77 

purchased  land,  filing  of  location,    .  /    .  74,  75 

married  woman,  land  of,  taken,     .          .          .  82,  83 

Branches  or  Extensions. 

additional  capital  for,  .....  92 
construction  and  completion,  limit  of  time  for,  92,  93 
filing  of  certificate  and  fee,  ....  92 
leases  or  contracts  not  to  be  avoided,  .  .  92 
longitudinally  in  ways,  ....  53 

opening  for  public  use,  ....         93 

prior  conditions,  .....  72,  93 

subscription  for  shares  in,  .          .          .66 


LOCOMOTIVE  BOILERS. 

testing;  penalty, 
safety  valves  for, 
mufflers,  etc., 


110,  111 

.       Ill 

111 


LOCOMOTIVE   ENGINEER. 

two  years  prior  employment  as  fireman  re- 
quired    on     standard     gauge     roads; 
penalty,    .          .          .          .          .          .112 

not  construed  to  apply  to  engine  hostlers,  .       112 
other  exceptions,  .          .          .          .          .112 

LOCOMOTIVES. 

sparks  from,  fires,  etc.,  .          .  .         157-159 

spark  arresters,  board  to  approve,        .          .       158 

See  ROLLING  STOCK. 
commission  may  have  use  of,  for  inspection 

of  lines,  etc.,      .....         36 

LOITERING. 

around  stations,  ......       153 

of  Boston  Terminal  Company,  .          .          .       153 

LONGITUDINALLY. 

in  ways,  tracks,  ....  .53 


LOSS    OF   LIFE. 

collisions  at  crossing,  in,         ....       157 

due  care,  prerequisite,  ....         40 

employees,  recovery  by,  when,       .          .          .         41 
executor,  etc.,  to  sue  for,       ....        40 

limitation  of  actions,  etc.,      .          .          .          .41 

negligence,  causing;  penalty,  .     40-42,103-108, 

156,  157 

persons  beneficially  entitled,  ...         40 

recovery  for,        ......  40—42 

with  conscious  suffering,         .          .          .          .41 

Sunday  law  no  defence  to,    ....       137 

LOST   CERTIFICATES. 

new  certificates  to  replace,  when,  ...         59 
bond  to  idemnify  corporation,    ...         59 


LOWERING   WAYS. 

provisions  as  to, 


87 


M. 


MACHINERY. 

defective,  complaints  by  employees,        .          .         13 

MAILS. 

transportation  of,  required,  ....  125 

compensation,  and  revision  of,   .          .          .  125 

commissioners  for  fixing,          .          .          .  125 

MAINTENANCE. 

and  repair  of  abolished  crossings,  .          .          .  19,  27 

MANDAMUS. 

proceedings    to  prevent  violations  of  law  or 

orders  of  commission,         .          .  .        168 

to  prevent  threatened  violations,  etc.,  .        168 

MAPS. 

to  accompany  charter  petitions,     .          .       50, 
of  route,      ...... 

submission  to  local  boards, 
filed  with  secretary  of  commonwealth,    . 
profile,  on  vertical  scale  of  ten  to  one,     . 


MARRIED   WOMAN. 

land  of,  taken  for  location, 
damages,  disposition  of, 


.  82,  83 
.  82,  83 


MASSACHUSETTS   HIGHWAY    COMMIS- 
SION. 

duties,  certain,  transferred,        ....  3 

highways  involved  in  abolition  of  grade 
crossings  to  be  constructed  with  clear 
view  for  at  least  one  hundred  and 

fifty  feet 24 

unless  abolition  plan  is  approved  by,     .          .         24 
See  Index  to  Telephone  and  Telegraph  Laws. 

MASSACHUSETTS  STATE  SANATORIUM. 

no  locations  on  land  of,          ....         74 

MATERIALS. 

action  for,  .......  148 

construction,  injury  to,          ....  154 

contractor  not  to  sue  for,      ....  148 

limitation  of  action  for,          ....  149 

notice  as  to,  filing,         .  .          .          .  148 

MAXIMUM. 

expense  to  towns,  crossing  abolition,       .          .         23 

MAYOR. 

veto  power  not  affected  by  definition,    .          .        48 

MEDICAL   EXAMINER. 

notice  to,  in  case  of  accidental  death,  .  .  38,  39 
inquest,  .......  39 

MEETINGS. 

of  corporations,  calling  by  directors,  .  .  55 
to  be  held  in  commonwealth,  ...  57 
under  warrant  of  justice,  when,  .  .  57 

calling  by  bondholders  or  trustees,      .          .  64,  65 

See  CORPORATE  MATTERS. 
of     special     commissioners,     grade     crossing 

abolitions,  .....         22 


INDEX   TO   RAILROAD   LAWS. 


317 


MEMORANDA. 

of  common  carriers,  may  be  examined,   .          .  14 

may  compel  production  of,  etc.,           .          .  14 

witnesses  as  to,  compelled  to  attend,  .          .  14 

forms  of,  may  be  prescribed,       .          .          .  17,  18 

to  conform  to  interstate  commerce  forms,  17,  18 

MERCHANDISE. 

discrimination  as  to,     .          .          .          .         126,  127 

between  shippers  forbidden,        .          .         126,  127 
injunction  lies  against,        ....       126 

local  expressmen,  between,  forbidden,          .       126 
penalty  for,       ......       127 

railroad  stations,  forbidden  between,   .          .       127 

equal  terms  for  transportation,      .          .          .       126 

enforcement  of  transportation,   .          .          .       127 

explosives,  transportation  of,          .          .         133,  134 

expressmen,  local,  equal  facilities  to,       .          .       126 

contracts  with,  .....       126 

equitable  jurisdiction  to  enforce,          .          .       126 
indemnity  required,  .          .          .          .126 

forwarding  promptly  according  to  directions,       127 
illegal  transportation  of,        ....       127 

milk,  non-forwarding,  etc.,    ....       134 

penalties,  and  recovery  of,  ...       134 

perishable  articles,  sale  of,  when,   .          .          .       130 

petroleum  in  yard,  penalty  for,      .          .          .       134 

rates,  establishment  by  corporation,        .          .116 

legislature  may  revise,        .          .          .          .116 

express,   .  .          .  .          .          .  .  10,  11 

steamship,        ......         10 

See  RATES. 

receipts  to  shippers,  to  give,  .          .          .125 

unclaimed  freight,  sale  of,  .          .          .       131 

MERGER   BILL  (so  called). 

acquisition  of  stock  of  domestic  railroads  re- 

strained,   ......  43 

voting  on  shares,  etc.,  .....  44 

commissioners  to  determine  public  interest,    .  44 

fares  or  rates,  no  increase  of,  ...  44 

switch  connections,       .....  44,  45 

failure  to  install,        .....  45 

contracts,  commissioners  to  approve,      .          .  45 

leases,  commissioners  to  approve,  ...  45 

penalty,       .......  46 

jurisdiction  in  equity,  to  enforce,  ...  46 

previous  acts  not  ratified,      ....  46 

METHOD    OF    CONSTRUCTION. 

grade  crossing  abolitions,       ....         23 

METROPOLITAN     PARK     COMMISSION. 

may  lay  out  parkways  over  railroads,     .          .         88 
agreements  as  to,       .          .          .          .          .88 

commissioners  may  decree  as  to  crossings, 

etc  .........         88 

expense,  damages,  etc.,      .          .          .          .  88,  89 


not  at  level  with  tracks,     .. 

MILE. 

amount  of  stock  per,     ... 

MILEAGE   TICKETS.     See  RATES. 

MILEAGE   BOOK. 

forgery  of,  .          .          .          .          . 

MILITARY   DUTY. 

exemption  from,  employees,  . 


88 


52 


121 


115 


MILK. 

facilities  and  rates  to  shippers,  equal,    .          .  134 

forwarding,  ......  134 

penalty  for  not  receiving,  etc.,       .          .          .  134 
receipts  from  connecting  roads,      .          .          .  134 
tariff,     establishing,     revision     by     commis- 
sioners,     .....         134,  135 


MISMANAGEMENT. 

of  trains,     ....... 

MISSILES. 

throwing,  at  trains,       .          .          . 

MODIFICATION. 

of  rulings  of  commission  by  supreme  judicial 


157 


court, 
procedure, 

MORTGAGED   LAND. 

damages  in  case  of, 

division  between  parties,   . 
proceedings  when  taken, 

MORTGAGEES. 

rights  of,  when  lands  are  taken, 
apportionment  of  damages, 


167,  16S 
167,  168 


82 
82 
82 


82 
82 


MORTGAGES.  See  BONDS;  NOTES;  INDEBT- 
EDNESS, EVIDENCES  OF;  CORPORATE 
MATTERS;  MORTGAGED  LAND. 

MOTIVE   POWER. 

operation  by  electricity  or  other  power  ap- 
proved by  commission, 

MUFFLERS. 

for  vacuum  brakes,  neglect, 


100 


111 


for  safety  valves,  .          .          .          .          .111 


MUNICIPAL   AUTHORITIES. 

supervision  of  private  railroads, 

See  LOCAL  AUTHORITIES. 


NAME. 

change  of,  commissioners  may  authorize, 

may  require  publication  of, 
certificate  to  be  filed  with  secretary  of  com- 
monwealth,        ..... 
rights  and  liabilities  under  new  name,     . 

NAMES. 

of  directors  in  association  agreement, 

NAPHTHA. 

lighting  by,  etc.,  forbidden,  .... 

NARROW   GAUGE   ROADS. 

change  of,  capital,  etc., 

equal  one-half  cost,  etc., 

paid-up  stock,      ..... 


NAVIGABLE   WATERS. 

crossing,  authority,       .. 
damages,  recovery,    . 

NEGLECT. 

of  annual  return;  penalty,     . 

See  PENALTY. 


163 


151 
151 


151 
151 


52 


109 


52,  55 
55 
55 


86 
86 


160 


318 


INDEX   TO    RAILROAD    LAWS. 


NEGLIGENCE. 

as  to  life, 40-42 

at  crossings 98,  99,  157 

injury,  loss  of  life,  causing,    .       38-42,  103,  156,  157 
of  employees,  causing  injury,  40,  41,  102,  103, 

156,  157 

recovery  for,        .          .          .          .          .          41,  103 
notice,         .......       104 

NEW   SHARES. 

of  stock,  stockholders  entitled  to,     .     .          .         71 
price  of,  .          .          .          .          .          .          .71 

sale  of 71,  72 

NON-PAYMENT. 

of  assessments,  sale  of  stock  for,    ...         60 
of  damages,  effect  of,    .          .          .          .          .80 

NORTHERN  AVENUE,  BOSTON. 

powers  of  commissioners  in  relation  to,    .          .          12 

NOTES. 

Public  Service  Commission  Act  of  1913. 

railroad  corporations  may  issue,  when,  .  .  62 
for  funding  floating  debt,  ....  62 
for  any  other  lawful  purpose,  ...  62 
may  mortgage  or  pledge  railroad  equipment 

and  franchise,    .....         62 
real  and  personal  property,  etc.,       .          .         62 
mortgage  to  secure  all  bonds,  etc.,  pre- 
viously issued,  etc.,     ....         62 
amount  of,  etc.,  not  to  exceed  twice  the  capital 

stock, 62 

how  determined,        .....         62 

certain  bonds  not  taken  into  account,          .         62 

to  be  authorized  by  vote  of  stockholders,    .         62 

and  countersigned  by  appointed  person,      .         62 

or  certified  by  trust  company,  .          .         62 

commission  to  approve  proposed  issue,  .          .         62 

application  to,  .....         62 

decision  within  thirty  days  of  final  hearing,     .         62 

in  writing  and  reasons  therefor,  assigned,     .         62 

order  may  provide  for  application  of  proceeds, 

etc 62 

other  states  or  foreign  countries,  for  use  in,  .  62 
approval  not  required,  when,  .  .  .  62,  63 
property,  improvements  and  additions,  to 

be  reported, 62,  63 

of   other    corporations    controlled,  etc., 

issue  for,  ......         63 

proceeds  to  be  applied  as  specified  in  order,      .         63 
provisions  not  to  apply  to  corporations  in  other 

states,  when, 62,  63 

or  in  foreign  countries,  when,      .          .          .  62,  63 
property,  improvements,  etc.,  to  be  reported,  62,  63 
prohibition  of  issues  of,  for  notes,  etc.,  of  other 

corporations,  except,  ....  62,  63 

other  corporations,  for  purchase  of,  prohibited, 

except,       ......         63 

approval  of,  when,    ....          .63 

supreme  judicial  court  or  superior  court,  juris- 
diction, etc.,       .....         63 

commission,     attorney-general,    any   stock- 
holder may  apply,       ....         63 

any  interested  party  may  apply  to,  .         63 

penalty,  for  violation  of  certain  sections,          ,         63 

for  unlawful  vote  or  application  of  proceeds,         63 

for  unlawful  assumption  of  debt  or  liability,         63 

repeal  of  acts  and  parts  of  acts  inconsistent, 

etc.,  .          .          .          .          .          .63 

See  CORPORATE   MATTERS. 


NOTICE. 

of  accidents;  omission,  .          .          .          .  38,  39 

of  change  affecting  rates.    See  RATES. 

of    examination    of    railroads    and    railways, 

when,        ......         13 

of  meetings,          ......  55-58 

petitions,     abolition    crossings,    to    common- 

wealth, etc.,  .....  21 
to  corporations  as  to  laws,  violations,  etc.,  .  13 
to  stockholders  ot  new  shares,  ...  71 


NOTIFICATION. 

of    receipt    of    orders 
ORDERS. 


of    commission.      See 


o. 


OBLIGATION. 

to  repair  bridges, 


OBSTRUCTION. 

of  cars,        .... 
of  crossings  by  freight  cars,  etc., 
of  drawbridge;  penalty,          . 


89 


.       155 

99,  100 
.         94 


liability  of  corporation,  assignee  or  receiver,     99,  100 
of  trains,     .......        155 

of  ways,      .          .          .          .          .          .          .  89,  99 

OBSTRUCTIONS. 

rem6val  of,  at  crossings,         .          .        89-91,  99,  100 
See  CROSSINGS. 

OFFICE. 

of  commissioners,  records,  expenses,        .          .  5 

OFFICERS. 

or  employees  of  commission,  .          .          .       5,  7 

not   subject    to   civil    service    certification, 

when,         ......  4 

of  railroad  corporations,  penalty  for  violation 

of  sections  15  and  16,         ..          .         63 
of  general  court,  free  transportation,       .          .        124 
See  CORPORATE  MATTERS. 

OFFICES. 

of  common  carriers,  may  be  examined,  etc.,    .         36 

OILS. 

storage  on  railroad  property,  .          .          .       134 

OMISSION. 

of  bridge  guards;  penalty,     ....  96 

of  fire  safeguards;    penalty,  ....  108 

to  give  notice  of  accidents;  penalty,        .          .  39 

OPENING   OF   ROAD. 

certificate  for  operation  to  precede,          .          .  93 

of  branches,          ......  93 

map  and  profile  to  be  filed,         ...  93 

OPERATING    CONTRACTS. 

commissioners  to  approve,    ....        45 

OPERATION. 

certificate,  preliminary  to,  .  .  .  .93 
filing  of  map,  profile,  etc.,  ....  93 
mode  of,  suggestions  as  to,  ....  12 
of  cars,  etc.,  to  secure  through  route.  See 

THROUGH  ROUTE. 

of  a  road  by  another  corporation,  .          .         49 

liability  of  operating  corporation,        .          .         49 
See  EQUIPMENT  AND  OPERATION. 


INDEX   TO    RAILROAD   LAWS. 


319 


OPINIONS. 

advice,  etc.,  expenditures  for,         ...  7 

ORDERS. 

served  upon  persons  or  corporations  affected,  11,  12 
service,  by  personal  delivery  or  mailing  certi- 
fied copy,            .          .          .          .          .  11,  12 
notification    of   receipt   in   writing   to   be   re- 
turned  11,  12 

to  be  signed  by  officer  of  corporation,  .  11,  12 
terms  of  order,  acceptance  and  obedience  to,  12 
time  of  taking  effect  to  be  specified,  .  ,  12 
supreme  judicial  court,  etc.,  jurisdiction,  .  167 
to  be  entered  of  record,  ...  12,  270 
to  continue  in  force  until  changed  or  abro- 
gated,   12 

violation  of,  proceeding  in  supreme  judicial 

court,  if,     .          .          ,          .          .  167 

ORGANIZATION. 

of  commission,  laws  as  to,      ,          .          .          .       1-7 
of  railroad  corporations,          ....  51,  55 
to  follow  issue  of  incorporation  certificate,    55,  56 
See    also    CORPORATE    MATTERS    (Agreement 
of  Association,  Organization). 

OTHER    CORPORATIONS. 

capital  stock,  bonds  of,  etc.,  .          .          .  62,  63 

issues  of  stock  or  bonds  for  purchase  of,  pro- 
hibited, except,  .          .          .          .  62,  63 
purchase  of,  issues  of  stock  and  bonds  for,  pro- 
hibited, except,  .          .          .          .  62,  63 
approval  of,  when,    .....         63 
bonds  and  stock  of,  holding  regulated,    .          .         65 
See    CONSOLIDATIONS;    CONNECTING    ROADS; 
LEASE. 

OTHER   STATES. 

stock,  etc.,  issues  for,  no  approval  when,          .         63 
proposal  issues  to  be  reported,       ...         63 


OUTSIDE   LIMITS. 

locations,  proceedings. 


74-76 


OUTSIDE   STATE.     See  OTHER  STATES. 

OVERHEAD  BRIDGES. 

height  of 86,  87 

OVERHEAD   CROSSINGS. 

signals  at,  enforcement,         ....         99 
See  CROSSINGS. 


P. 

PAID   IN. 

stock  to  be,  before  incorporation,    ...         54 
before  construction  of  location,  as  to,  .         72 

PAPERS. 

of  common  carriers  may  be  examined,    .  .  14 

may  compel  production  of,  etc.,  .  .  14 

witnesses  as  to,  compelled  to  attend,  .  .  14 

PAR. 

bonds  issued  below,  binding,  ...         64 

new  shares  not  to  be  sold  for  less  than,  .         67 


PARKS. 

location  on,  forbiddent  except,        ...         73 
consent  to,  when,      ,         .          ...         73 
not  to  be  entered  upon  by  railroad  employees, 

etc.,  ....  159 


PARKWAYS. 

lay-out  over  railroads,  conditions,  etc., 


ss 


PASSENGERS. 

abandonment  of  stations  forbidden,  unless,      .         95 
accommodations,  withholding,        .          .          .       Ill 
arrest  of,  without  warrant,  when,  ...         35 
baggage  checks  to  be  furnished,      .          .          .121 
neglect  to  furnish,     .          .          .          .          .121 

baggage,  unclaimed,  sale,  etc.,        .          .          .       122 
bicycles  carried  as,    .          .          .          .          .121 

injury  to,  penalty,     .....       122 

color  or  race  discrimination,  prohibited,  .       124 

dead  bodies,  transportation  regulated,    .          .       131 

disorderly,  etc.,  arrest  without  warrant,  .  35,  42 

fares,  establishment,  etc.,  of,  ...       116 

arrest  for  refusing  to  pay,  ...         35 

changes  in,  suggestions  as  to,      .          .          .         12 

commutation  tickets,  issue  of,     .          .          .119 

ejection  for  non-payment,  .          .          .  35,  42 

evading  payment;   penalty,         ...         42 

excessive  cash  fare,  charging,      .          .         118,  119 

extra  cash  fare  on  trains,  .          .          .         118,  119 

coupons  to  be  given  for  repayment,  .         118,  119 

penalty  for  charging  excessive,         .          .119 

legislature  may  revise,        .          .          .          .116 

limited  tickets,  terms,  etc.,          .          .          .       121 

reduction  on  certain  trains,         .          .         121,  123 

tickets  to  foreign  countries,  sale  of,  etc.,       .       120 

free  passes  to  state,  etc.,  officers  forbidden,    123,  124 

gaming,       .......       156 

season  tickets  for,          .          .          .          116,  119,  120 
smoking  cars,  women  not  required  to  ride  in,       124 
Sunday  law  as  to  trains  and  boats,          .          .       137 
through  route  for,  may  be  ordered,         .          .       138 
notice  and  hearing,   .....       138 

transfer   of,    at   connecting  points,    etc.      See 

THROUGH  ROUTE. 

trains,  cheap  morning,  etc.,  to  furnish,    .          .       123 
workingmen's  trains,    .....       123 

trip  tickets  upon,      .....       123 

PASSENGER   TICKETS.     See  RATES. 

PASSES. 

free,  to  state,  etc.,  officers  forbidden,       .          .       123 

penalty 124 

forgery  of,  .          .          .          .          .          .'          .       121 

See  FREE  TRANSPORTATION. 

PAYING. 

indebtedness.    See  BONDS;  CAPITAL  STOCK;  IN- 
DEBTEDNESS, EVIDENCES  OF;  NOTES. 

PAYMENT. 

of  expense,  abolition  grade  crossings,  decree,   .  23-29 

PAYMENT  OF  DAMAGES.     See  DAMAGES; 
ABOLITION  GRADE  CROSSINGS. 

PENALTY. 

accidents,  omission  to  give  notice  of,      .  .  39 

accommodations,  withholding  reasonable,  .  Ill 

decreasing  through  consolidation,         .  .  44 


320 


INDEX   TO   RAILROAD   LAWS. 


PENALTY  —  Continued. 

actions  to  recover,  .....  127 
animals,  illegal  transportation  of,  .  .  .  131 
annual  returns,  neglect  of,  .  .  .  .160 
acquisition  of  stock  of  domestic  roads,  for,  .  43 
baggage,  injured  or  destroyed,  .  .  .  122 

lost,  failure  to  advertise,  ....  122 
barriers  against  animals,  non-erection,  .  .  84 
baggage  checks,  not  furnishing,  .  .  .  121 
blocking  frogs,  etc.,  not,  .  .  '  .  .  95 
boilers,  locomotive,  not  testing,  .  .  110,  111 
bond,  failure  to  furnish  by  banks,  etc.,  .  .  120 
books  and  papers,  refusal  to  submit,  .  .  16 

brakes,  insufficient,  ....  100,  101 
breaking  and  entering  cars,  ....  156 
bridge  guards,  neglecting,  ....  96 
burial  grounds,  lay-out  over,  ...  73 

cars,  gaming  on,  .....        156 

not  heating,  by,  etc.,          ....       108 

stealing  from,  ......       156 

riding  upon,      ......       153 

color  or  race  discrimination,  .          .         124,  125 

color-blindness,  neglect  to  examine  for,  .  .  112 
corporate  records,  failure  to  exhibit,  .  .  16 
crossings,  failure  to  stop  at,  ...  96 

See  CROSSINGS. 

dead  bodies,  illegal  carriage  of,  .  .  .  131 
discrimination  between  expressmen,  .  .  126 

against  color  or  race,  .          .          .         124,  125 

disorderly  conduct  on  cars,  ....  156 
driving  animals  on  track,  .  •  .  .  153 

drawbridge,  obstructing,  etc.,  ...  94 
engines  or  cars,  obstruction  of,  .  .  155 

employees,  assaults  on,  etc.,  ...         43 

See  EMPLOYEES. 

fares,  increasing  through  consolidation,  etc.,  44 
fences,  not  building,  ...  84 

for  divulging  information,  audit  of  books,  etc.,  14 
for  violation  of  certain  sections,  ...  63 
for  unlawful  vote  on  stock,  etc.,  issue,  .  .  63 

or  on  application  of  proceeds,  ...  03 
for  unlawful  assumption  of  debt  or  liability,  .  63 
free  passes  to  state  officers,  etc.,  .  .  123,  124 
fire  safeguards,  omission  of,  .  .  .  .  108 
forgery  of  tickets  or  passes,  ....  121 
frogs,  not  blocking,  .  .  .  .  .  95,  96 
gaming  on  cars,  .  .  .  .  .156 

gates,  platform,  failure  to  provide,  .          .       109 

flagmen,  signals,  as  to,  .          .          .          .  98,  99 

See  GATES. 

guard  rails,  not  blocking,  ....  95 
heating  passenger  cars,  neglect,  .  .  .  108 
life,  endangerment  of,  .  .  .  .  .  155 

loss  of,  negligent,  .....  40—42 
lighting  by  naphtha,  .....  109 
merchandise,  illegal  transportation  of,  .  126,  127 

discrimination  as  to,  .          .          .         126,  127 

milk,  not  receiving,  connecting  roads,  .  135,  136 
mufflers,  neglect  to  use,  .  .  .  .111 
naphtha,  lighting  with,  ....  109 

obstruction  of  cars,  .'....  155 
officers,  changes  in,  certificate  to  be  filed  with 

commissioner  of  corporations,  neglect,         56 

clerk  to  be  resident  of  commonwealth,  .  56 
oils,  storage  of,  without  permit,  .  .  .  134 
papers,  refusal  to  submit,  ....  16 
passengers,  withhold  accommodations  from,  .  Ill 

See  PASSENGERS. 

returns,  failure  to  make,  .  .  .  •  160 
road-bed,  injury  to  construction  materials,  .  154 


PENALTY  —  Concluded. 

rolling  stock,  insufficient  brakes,  etc.,      .         100,  101 

See  ROLLING  STOCK. 
safety  appliances,  trains,  neglect  of,         .          .108 

switches,  failure  to  use,  ....  95 
shares,  illegal  issue  of,  by  directors,  .  .  60,  71 
signals,  injury,  etc.,  of,  ....  42 

signboards,  failure  to  erect,  ....  98 
stations,  loitering  around,  .  .  .  .153 
stealing  from  cars,  .  .  .  .  .156 
stock,  illegal  issue  of,  .  .  .  .  .  71 

illegal  increase  of,  .          .          .          .60 

stops  at  grade  crossings,  omitting,  .          .          96 

switches,  not  blocking,  ....  95,  96 

safety,  failure  to  use,  .  .  .  .  95,  96 
tools,  failure  to  provide,  ....  108 

tampering  with,  .  .  .  .  .155 
track,  walking  on,  etc.,  ....  153 

trains,  wilful  stopping  of,  etc.,  .  .  .  155 
uniforms,  neglect  of,  ,  .  .  .  .112 
voting  stock  of  domestic  roads,  when,  .  .  43 
weekly  payments,  non-payment  of ,  .1 14 

See  CRIMES. 

PERCENTAGE. 

of  cost,  crossing  alterations,  ...         22 

PERISHABLE   ARTICLES. 

sale  of,  when,       ......       129 

PERSONAL   PROPERTY.     ' 

mortgage  of,  to  secure  bonds,         ...         62 

PETITION. 

as  to  charters,  notice,  .....  51 
for  incorporation,  to  commissioners,  .  .  53 
for  damages,  time  for  filing,  .  .  .79 

for  grade  crossing  abolition,  .          .          .         21 

See   ABOLITION   OP   GRADE   CROSSINGS;    LO- 
CATION; RAILROAD  COMMISSIONERS. 

PETROLEUM. 

in  yard,  penalty  for  leaving,  ,          .          .        134 

PLACE. 

of  meetings  in  commonwealth,        ...         57 

PLANS. 

deposit  of,  in  state  library,    ....  51 

of  locations,  for  owners,          ....  80 

payment  for,  in  damage  suits,         ...  22 

surveys,  appraisals,  etc.,  expenditures  for,        ,  6 
See  LOCATION;  MAPS. 

PLANTS. 

of  common  carriers,  may  be  inspected,  etc.,     .         36 

PLATFORM    GATES. 

failure  to  provide,  .....  109 
enforcement  of  requirement  for,  .  .  .  109 

POLICE. 

district.     See  DISTRICT  POLICE. 
railroad.     See  RAILROAD  POLICE. 

POLICEMEN. 

free  or  reduced  rate  while  in  uniform,     .  .       124 

POP   VALVE. 

appliance  for  deadening  noise  of,   .          .          .       Ill 


INDEX   TO   RAILROAD   LAWS. 


321 


POWER  HOUSES. 

of  common  carriers,  may  be  inspected,  etc.,    .         36 

POWERS. 

of  directors,          ......     52-56 

of  special  commissioners,  alteration  crossings,   18-20 
of     special     commissioners,     grade     crossing 

abolition,  ......  21-23 

of  commissioners.  See  RAILBOAD  COMMIS- 
SIONERS, CONSTRUCTION  OF  ACT,  PUBLIC 
SERVICE  COMMISSION,  and  under  the  various 

headings. 

POWERS    OF    COMMONWEALTH. 

reservation  of,     .          .          .          .          .          .49 

PRACTICE. 

on  quashing  damage  proceedings,  .          .         83 

See  PROCEEDINGS. 

PRACTICES. 

of  common  carriers,  inquiry  into,  .          .         127,  128 


PREMIUMS. 

cash  to  be  added  to  par  value  of  capital  in 
computation,  when,    .... 

PRESCRIPTION. 

right  of  way  by,  crossings,  none,   . 


PRESIDENT. 

must  be  a  director, 
choice  by  board, 


SI 


PRIOR  CONDITIONS.    See  CONDITIONS  PRE- 
CEDENT. 


PRIVATE   CROSSINGS. 

commissioners  may  order, 

gates  at,  liability  for  not  closing,   . 

See  PRIVATE  RAILROADS. 

PRIVATE  LAND. 

severed,  crossing  to,  etc.,  appeal,   . 

county  commissioners,  etc., 
hearing  in  county  where  taken  unless, 

PRIVATE   RAILROADS. 

construction  for  freight, 
connection  with  public, 
highways,  etc.,  crossing  of,    . 
land  owner's  consent  needed, 
municipal  authorities  to  supervise, 
regulation  of  crossings, 
steam  power,  laws  applicable  if  used, 
supervision  of,  by  commissioners,  . 

PRIVATE    SIDE    TRACK. 

switch  connection  with,  etc., 


91 
154 


91 

91,  92 
92 


163 
163 
163 
163 
163 

163,  164 
163 
164 


44,  45,  138 


PRIVATE   WAYS. 

crossing,  damages,  etc.,  ....  91 

gates  at,  not  closing;  penalty,  .  .  .  154 

damages,  discontinuance,  abolition  crossings,  25 

payment,  primary  liability  for,  ...  25 

limit  for  application,  damages,       ...  91 


PRIVILEGES. 

affecting  rates.     See  RATES. 

PROBATE   COURT. 

jurisdiction  in  equity,  concurrent,  as  to  dam- 
ages for  land  of  married  woman  taken,  82,  83 

may  appoint  trustee  in  certain  land  damage 

cases,  ......  82 

PROCEEDINGS. 

against  railroads  by  attorney-general,    .          .  11 

at  annual  meetings,       .....  57 

discontinuance  of,  damages,            ...  84 

quashing,  practice  on,  .          .          .83 

in  default,  mortgages,  .....  64 
in  grade  crossing  abolitions.     See  ABOLITION 

•       OP  GRADE  CROSSINGS. 

in  taking  land,     ......  76 

PROCEEDS. 

of  bonds.     See  BONDS. 
cf  capital  stock.     See  CAPITAL  STOCK. 
of  evidences  of  indebtedness.     See   INDEBT- 
EDNESS, EVIDENCES  OF. 
of  notes.     See  NOTES. 

PROPER  PRACTICES.     See  SERVICE. 
PROPER   REGULATIONS.     See  SERVICE. 

PROPERTY. 

of  common  carriers,  may  be  inspected,  .  .         36 

valuation  and  revaluation  may  be  made,  .         16 

transfer  of,  at  connecting  points,  etc.  See 
THROUGH  ROUTE. 

of  railroads,  may  be  mortgaged,  etc.,      ,  .         62 

in  other  states  and  foreign  countries,  etc.,  .         62 


additions,  etc.,  to  be  reported, 

PROXY  VOTING. 

limitations,  etc.,, 
by  bondholders,  . 


.  62,  63 


57 
65 


PUBLICATION. 

of  schedules  of  rates,  etc.,      .          .  .          .117 
in  accordance  with  requirements  of  inter- 
state commerce  comjnission,  .          .117 


PUBLIC   CONVENIENCE. 

certificate  of  (exigency), 


53 


PUBLIC  HEARINGS. 

affecting  rates.     See  RATES. 
in  and  out  of  commonwealth,  commission  rep- 
resented,   127,  128 

PUBLIC   OFFICERS. 

not  to  recommend  employees,  etc.,          .          .113 
penalty,  exemptions,  etc.,      .          .          .          .113 

PUBLIC   OPENING. 

certificate    of    commissioners   prerequisite   to 

operation,  .....         93 

map,  profile,  etc.,  filing    with  secretary,        .         93 


PUBLIC   PARKS. 

consent  to  location  on, 


73- 


322 


INDEX   TO   RAILROAD    LAWS. 


PUBLIC   WAREHOUSEMEN. 
liability  as,  ... 


PUBLIC   WAT. 

definition  of,        ,          .          .          .          . 
location    in,     for    switch    connections. 
THROUGH  ROUTE. 


128,  129 


See 


PUBLICATION. 

of  agreement  of  association,  posting,       .          .  • 
clerk's  certificate  of,  .... 

of  notice  of  hearing  on  route,  posting,     . 
commissioners    may    designate    newspaper, 
when,         ...... 

of  statements  of  condition,    .... 

PUBLIC   SERVICE    COMMISSION. 
In  General. 

act  to  change  name  of,  from  board  of  railroad 
commissioners,  etc.,    .... 
remedial,  and  in  extension,  etc.,  of  all  pre- 
vious acts,  etc.,  .... 
repeal   of     all     acts    limiting    jurisdiction, 
powers,  etc.,       ..... 
no  repeal  of  provisions  of  1897,  500, 
or    permitting    action    inconsistent    with 
prior  rights,  etc.,          .... 
appointment  of  commissioners, 

to  take  effect  on  passage  of  act, 
of   accountants,   assistants,   bureau   chiefs, 
clerks,  division  heads,  inspectors,  statis- 
ticians and  other  subordinates,     . 
of  counsel,  etc.,         ..... 
certified   copies   of   official   documents   under 
official  seal,         ..... 
shall  be  evidence  in  all  courts  of  the  com- 
monwealth,       ..... 
chairman  to  be  chosen  whenever  a  new  ap- 
pointment is  made,     .... 
contested  matters,  not  to  be  heard  nor  decided 

by  less  than  quorum,  if,       . 
repeal  of  law  for  hearing,  etc.,  by  one  com- 
missioner in  contested  cases, 
discretion  of.     See  CONSTRUCTION  OP  ACT. 
employees  of.     See  EMPLOYEES  or  COMMIS- 
SION. 
expenditures,  authorized  as  deemed  requisite 

in  performance  of  duties, 
for  opinions,  advice,  .etc.,  .... 
for  plans,  surveys,  etc.,      .... 
for  appraisals,  audits,  examinations,  statis- 
tics, information,         .... 
for  apparatus,  instruments,  books,  tables, 
maps,  drawings,          .... 
for  supplies  and  sundries, 
for  travel  and  incidental  expense  within  and 

without  the  commonwealth, 
expenses  to  be  annually  appropriated  by  gen- 
eral court,  ..... 
repeal  of  certain  sections  relating  to,  . 
fees,  for  certified  copies,  etc.,  to  be  paid  into 

treasury  of  commonwealth, 
governor  to  appoint,     ..... 
hearings,     quorum    necessary    on     contested 
matters,  etc.,     ..... 
in  and  out  of  commonwealth,  representa- 
tion of, 127 

inspectors  of,  terms,  etc.     See  INSPECTORS. 
jurisdiction  of,     . 

See  also  CONSTRUCTION  OF  ACT. 


52 

52 
53 

53 
14 


2 
168 


168 
168 


168 

2 

xvii 


5,  7 
7 

167 

167 

2 


167 
2 


128 
3 


PUBLIC   SERVICE   COMMISSION  —  Continued. 
Massachusetts  Highway  Commission,  transfer 
of  powers  from,  to.     See  MASSACHU- 
SETTS HIGHWAY  COMMISSION. 
membership  to  consist  of  five  competent  per- 
sons, .          .          .          .          .          .  2 

no  more  than  three  from  the  same  political 

party,        ......  2 

qualifications  and  disabilities  of,  2 

quorum,  three  members  shall  constitute,      .  9 

salaries  and  expenses,         ....       2-7 

terms  of  office,  length  of,  .          .          .          .  2 

orders  of,  service,  notification  of  receipt  of, 

etc.     See  ORDERS. 

penalty,  for  divulging  information  secured  for,          14 
powers  of.     See  below.     See  also  CONSTRUC- 
TION OP  ACT. 

railroad  commission,  name  of,  changed  to,      .  2 

membership  enlarged,         ....  2 

recommendations  of,  to  be  entered  of  record,    .       167 
records   of    all    votes,    recommendations   and 

orders  to  be  entered,  .          .          .167 

of  common  carriers,   examination,   produc- 
tion of,  etc.,       ....          .14 

returns,  may  prescribe  form  of,       .          .  .         17 

services  supervised  and  regulated,         .          .  3 

special  power  and  duties.      See  below.      See 

also  the  several  Titles   in  this  index, 
superior  court,  jurisdiction  in  equity,  etc.,      .         63 
application  to,  .....          63 

supreme      judicial      court,      jurisdiction      in 

equity 63,  167,  168,  250 

to  review,  annul,  modify  or  amend  rulings  or 

orders  of,             ...          167,  168,  250 
travel,  in  and  out  of  commonwealth,  expendi- 
tures  127,  128 

vacancies  in  commission,  when  filled  new  elec- 
tion for  chairman,  .....  2 

Powers  and  Duties. 

accounts,  audit  of,  etc.    See  ACCOUNTS. 
form  of,  classification,  etc.     See  FORMS  or 
ACCOUNTS. 

approval,  of  issue  of  bonds,  by.     See  BONDS. 
of   issue    of    capital    stock.      See    CAPITAL 

STOCK. 
of  issue  of  evidences  of  indebtedness.     See 

INDEBTEDNESS,  EVIDENCES  OP. 
of  issue  of  notes.     See  NOTES. 

authority  of.     See  CONSTRUCTION  OP  ACT. 

bonds,  approval  of,  by,  etc.     See  BONDS. 

capital  stock,  approval  of,  by,  etc.  See  CAP- 
ITAL STOCK. 

common  carriers,  jurisdiction  of,  as  to.  See 
COMMON  CARRIERS. 

electric  power,  instead  of  steam,  may  order,    9,  10 

entry  on  premises  of  carriers  by,  or  by  author- 
ized agents,  engineers,  inspectors  or 
examiners,  .....  36 

equipment  of  common  carriers,  inquiry  into, 

by.     See  EQUIPMENT. 
inspection  of,  by.     See  EQUIPMENT. 

examination,  of  books,  etc.,  of  common  car- 
riers. See  BOOKS. 

of  state  departments  in  making  valuation. 
See  BOOKS. 

indebtedness,  evidences  of,  approval  of,  by. 
See  INDEBTEDNESS,  EVIDENCES  OP. 

inquiry,  into  service,  etc.  See  INVESTIGA- 
TIONS; SERVICE. 


INDEX   TO    RAILROAD   LAWS. 


323 


PUBLIC   SERVICE   COMMISSION  —  Concluded, 
inspection,  by,  of  property,  equipment,  build- 
ings, ......         36 

of  plants,  factories,  power  houses,  offices,    .         36 
of  ducts,  conduits,  etc.,      ....         36 

use  of  locomotive,  car    or  steamship    for 

inspection  service,       ....         36 

interstate  commerce  commission,  petitions  to, 

by, 127,  128 

forms  of  accounts  of,  followed  by,         .          .17,18 
interstate  commerce  law,  violations  of,  prose- 
cution by,  .          -          .  127,  128 
investigations,  of  state  highway  commission, 

to  be  continued  by,     .          .          .          .  3 

into  regulations,  practices,  equipment,  serv- 
ice, etc.,    .          .          .          .          .          .     9,  10 

notes,  approval  of,  by,  etc.     See  NOTES. 

railroad  and  railway  lines,  inspection  of,  etc.,         36 

rates  of  common  carriers,  filing  wittf,  etc.    See 

RATES. 

changes  in,  power  of,  etc.    See  RATES. 
regulation  of  service.     See  SERVICE. 
representation  at  public  hearings,   in  and  out 

of  commonwealth,       .          .          .         127,  128 
service  of  common  carriers,  inquiry  into,  super- 
vision, etc.     See  SERVICE. 

services,    under   supervision    and    regulation,  3 

appliances  for  transportation,     . 
car  service,       ......  3 

conveniences  in  facilitation  of  common  car- 
riage,         ...... 

electric  railroads,       .....  3 

equipment,       ...... 

express  service,  ..... 

intelligence  by  electricity,  transmission  of,  .  3 

railroads,  ......  3 

street  railways,          .....  3 

telephone  lines,          ..... 

telegraph  lines,  ..... 

transmission  of  intelligence  by  electricity,    .  3 

transportation, etc.,  of  persons  or  property, 

switch    connections,  interchange   track,    etc., 

power  to  order.    See  THROUGH  ROUTE. 

telephone  and  telegraph  lines,  jurisdiction  of. 

See     TELEPHONE      LINES;     TELEGRAPH 

LINES. 
through  route  for  passengers  and  freight,  power 

to  order.    See  THROUGH  ROUTE. 
tickets,  season,  etc.,  form  of,  approval  by,      .       116 
transportation,  free,  of  passengers  or  property. 

See  FREE  TRANSPORTATION. 
for  charitable  purposes,  approval,  etc.     See 

FREE  TRANSPORTATION. 
valuation,  revaluation,  of  property  of  carriers, 

by 16 

votes,  recommendations,  etc.,  as  to,  shall  be 

entered  of  record,        ....       167 
See  also  the  various  Tides  in  this  index. 

PUBLIC     WAREHOUSEMEN.      See    WARE- 
HOUSEMEN. 

PUPILS. 

transportation  of,  at  reduced  rate.    See  RATES. 

PURCHASE. 

of  railroads  by  commonwealth,  '  .          .          .  49,  50 

PURCHASED   LAND. 

filing  of  location,  etc.,  rules,  ...         76 


PURPOSES. 

of  funding  floating  debt.  See  BONDS;  CAPI- 
TAL STOCK;  INDEBTEDNESS,  EVIDENCES 
OP  NOTES. 


Q. 


QUALIFICATIONS. 

of  directors,         .          .          .          .          .          .         52 

of  members  of  special  commissions,          19,  20,  21,  22 


QUARTERLY   RETURNS. 

failure  to  make,  penalty,     . 
public  inspection  of, 

QUASHING. 

proceedings  for  damage,  practice, 


161 
161 


83 


QUORUM. 

at  meetings  of  corporations,  majority,    .          .         57 
may  be  fixed  by  by-laws,  ....         57 
of  commission  to  hear  and  decide  contested 

matters,    ......  9 


RAILROAD. 

may  be  mortgaged  for  payment  of  indebted- 
ness,          ......  62 

RAILROAD   AND  RAILWAY. 

definition  of  terms,        .....  48 

RAILROAD   COMMISSIONERS. 

act  to  change  name  and  enlarge  membership  of,  2 
hereafter  to  be  called  the  public  service  com- 
mission,    ......  2 

See  PUBLIC  SERVICE  COMMISSION. 

In  General. 

appointment,  number,  terms,  tenure,  etc.,        .  1,  2 
qualifications,  ...... 

board,  defined,     ......  1 

clerk,  appointment,  duties  and  salary  of,         .  1 

oath  and  qualifications,     ....  2 

assistant,  duties  and  salary  of,   .          .          .  1,2 
accountant,  appointment,  duties  and  compen- 
sation,       .          .          .          .          .            1,  5,  9 

annual  report  to  the  general  court,           .          .  6 

date  of  submission  of,         ....  6 

expenditures,  statement  in,          .          .          .  5 

number  of  copies,      .....  7 

printing  and  distribution,  6 

reasons  for  non-approvals  of  locations  in,     .  72 

suggestions  of  changes,  etc.,  to  contain,        .  6 

public  documents,  laws  as  to  printing,          .  6,  7 
state    board    of    publication,    powers    and 

duties,       ......  7 

contracts,  services,  gifts,  etc.,  forbidden, 

expenses,  etc.,  borne  by  railroads  [repealed],  5,  6 

assessment  of  [repealed],    .          .          .          .  5,  6 

apportionment  and  assessment  of  [repealed],  5,  6 

limit,  etc.  [repealed],           .          .          .          .  5,  6 

balance  remaining  carried  forward  to  next 

year  [repealed],            .          .          .          .  6 

experts,  appointment  by,       .          .          .          .  2,  4 

free  transportation  allowed,  ....  5 

inquests,  report  upon  death  by  accident,          .  39,  40 

inspectors,  appointment  and  salary  of,     2,  3,  4,  5,  36 

to  inspect  crossings,            ....  36 

to  investigate  accidents,    ....  36 


324 


INDEX   TO   RAILROAD   LAWS. 


RAILROAD   COMMISSIONERS  —  Continued, 

office,  records,  incidental  expenses,  etc.,           .  5 

organization,  laws  as  to,                  .          .          .  1 

powers  increased  (Washburn  bill  of  1911),     .  8,  9 
may    order    reasonable    regulations    as    to 

transportation,  etc.,    ....  8 

not  to  revise,  etc.,  rates  and  facilities  de- 
termined by  statute,  ....  9 

experts,   assistants,  accountant,   etc.,  may 

be  employed,      .....  9 

attorney-general    to    advise    and    appear 

before  commissioners,          ...  9 
hearings,  decisions  and  orders  by  one  com- 
missioner, when,          ....  9 

orders  to  continue  in  force,  unless,      .          .  9 
not  construed  as  limiting  powers  heretofore 

granted,    ......  9 

relief  corporations,  to  report  to,     .          .          .  34 

examination  of,          .....  34 

salaries  of,             ......  5 

vacancies,  how  filled,    .....  2 

Duties  in  General. 

accidents,  investigation  of,    .          .          .          .  13 

advice,  etc.,  not  to  relieve  corporate  liability,  13 

appeals  to,  from  Boston  aldermen,           .          .  49 

attorney-general  to  act  on  report  cf,  when,      .  11 

authority  to  supervise,  examine,  etc.,      .          .  8 

complaints,  investigation  of,                 .          .  13 

enforcement  of  laws,  by,    ....  8 

notice  to  corporation  as  to  laws  violated,     .  11 

scope  of  statutory  provisions  as  to,      .       8,  11,  15 

block  signals,  may  require,    ....  8 

books  and  accounts,  regular  examination  of,  14 

continuance  of  uniform  system,            .          .  14 

directors,    etc.,  may   request    examination 

of 14 

inspection  at  any  time  by,          ...  14 

lists  of  stockholders,  access  to,   ...  16 

non-submission,  etc.,  penalty  for,         .          .  16 

publication  of  statements,            ...  14 

quarterly  returns  to,           ....  161 

bond  issues,  approval  of,        .          .  60-64,  67-69 

expert  investigation  of  property,    ...  2 

Boston,  appellate  powers  as  to,      .          .          .  49 

certificate  of  incorporation,  as  to,  54 

of  public  convenience  (exigency),          .          .  63 

operation,  preliminary  to,            ...  93 

change  of  name,  may  authorize,      .          .          .  151 

changes  and  improvements,  to  suggest,   .          .  12 

mode  of  operation,  as  to,  .          .          .          .  12 

rolling  stock  and  stations,  as  to,          .          .  12 

complaints,  authorities  may  make  to,     .          .  13 

employees  may  make;  secrecy  of,        .          .  13 

grade  crossings,  as  to  obstruction  of,  .           99,  100 

legal  voters  may  make,      ....  13 

connecting  roads,  consent  to  joint  use  of,         .  137 

contracts,  etc.,  copies  with,         .          .           46,  140 

approval  of,  by  commissioners,         .  46,  139,  140 

regulation  of  traffic  between,      .          .          .  137 

consolidation  and  leases,  approval,          .          .  43 

to  determine  public  interests,     .          .          .  43-45 

examination  of  roads,  .....  13 

equitable    relief,    may    invoke,    as    to    stock 

issues,        ......  71 

express  companies,  supervision  of,  .          .  10,  11 

expressmen,  recommendation  of,    .                     .  126 

foreign  countries,  incorporation  for,  duties,     .  164 

gauge,  duties  as  to  change  of,         ...  55 

grade,  change  of,  consent  to,  24 


RAILROAD   COMMISSIONERS  —  Continued. 
grade  crossings,  consent  to,  ....  18,  88 

abolition  of,  by  agreement,  approval,  .         31 

members  may  be  made  special  commis- 

sion, .          .          .          .  .  .  21,  22 

by  agreement,  approval  of,      .          .          .  29,  30 

approval  of  final  plans,       .  .  .31 

alteration  of,  appeal,  .  .  .20 

supervision  by  commissioners,          .  .         18 

hearings,  decisions  and  orders,  by  one  com- 

missioner, when,          ....  9 

quorum    to    hear    and     decide     contested 

matters,    ......  9 

information  to  be  furnished  to,      .  .  .          13 

inquests,  approval  of  bill  for  report  of  evi- 

dence,       ......  39,  40 

leases,  approval  of,        .          .          .          .          .43 

legislation,  recommendations  for,  ...  6 

milk  tariff,  revtsion  of,  .          .          .         134,  135 

narrow  gauge,  as  to  change  of,        .          .  .         55 

relief  societies,  supervision  of,         ...         33 

repairs,  notice  of,  necessary,  ...         12 

returns  to,  abstracts  and  tables  of,  6 

amendment  of  defective,    .          .          .  17,  160 

annual,  by  directors  under  oath,  .          .       159 

originals,  to  be  preserved  by,  .          .         17 

blanks  for,  to  furnish,         ....         17 

forms,  to  prescribe,  .          .          .  .17,  159,  160 

interstate  commerce  commission,  may  con- 

form to,    ......         17 

month's  notice  of  change,         ...          17 
lessee  and  lessor,  by,  ....       161 

penalties  for  failure  to  make,      .  .          .       160 

quarterly  return  to,  ....       161 

public  inspection  of,        .          .          .          .        161 

year's  notice  of  change,      ....         17 

route,  action  on,  appeal,        ....         53 

publication  of,    commissioners    may    desig- 

nate newspaper,  when,          ...         53 
rules  as  to  explosives,  publication,  etc.,   .          .       133 
for  filing  land  takings,        .          .  77 

steamship  rates  and  accommodations,  regula- 

tion, ......         10 

stock  issues,,  approval  of,  .          .          .  62,  67 

fixing  price  of  shares,          .          .          .          .  68,  71 

expert  investigation  of  cost  of  property,       .  2 

switch  connections,   appeal  to,   on  failure  to 

install  .......  44,  45 

transportation  of  milk,  to  supervise  rates  for,       134 

wages,  exempting  from  weekly  payments,         .       114 

witnesses,  compulsory  attendance  of,  .         17 

summoning,  oaths,  fees,  etc.,      ...         17 

workingmen's  trains,  trip  tickets,  withdrawal 

by  consent,         .... 


Equipment  and  Operation. 
accidents,  notice  to,  .          .          .          . 

inspectors,  investigation  by,        ... 
bells  at  crossings,  regulation  of,  .  . 

bridge  guards,  approval  of,    .          .          .          . 
bridges,  expert  examinations  of,     .  .          . 

consent  of  commissioners  as  to  height,          . 
crossings,  flags,  gates,  etc.,  as  to,   .          .          . 

automatic  signals  at  overhead,  may  require, 

electric  signals,  may  order,          .          .          . 

obstruction,  applications  to,  to  forbid,          . 

shifting  trains,  etc.,  regulation  of,        .          . 

signboards  at,  approval  of,          ... 
may  order,    ...... 

drawbridge  gates,  to  prescribe  distances,          . 


123 


38 
36 

97,  98 
96 
37 
87 

98,  99 
99 

98,  99 
99 
100 
98 
98 
94 


INDEX   TO    RAILROAD   LAWS. 


325 


RAILROAD   COMMISSIONERS  —  Continued, 
fire  safeguards,  approval  of,  ...       108 

frogs,  etc.,  to  approve  blocking,     ...         95 
gates  or  flags  at  grade  crossings,  as  to,    .          .98,  99 
grade  crossings,  to  make  regulations  as  to,       .  96,  97 
heating  of  passenger  cars,  as  to,  .          .       108 

inspection,  recommendations  upon,          .          .         36 
inspectors,  direction  of  examination  by,  .         36 

report  to,  ......         36 

interlocking  signals,  adoption  on  approval  of,         97 
award  of  expense,      ...  97 

joint  use  of  road,  station,  compensation  for, 

to  fix 95 

revision  of,  by  court,  ....         95 

leases,  approval  of,  .          .          .  43,  139 

private  crossings,  may  order,          ...         91 

repairs,  notice  of,  .....         12 

rolling  stock,  approval  of  fire  safeguards,          .       108 

additional  appliances,  may  require,     .          .       116 

additions  to,  suggestions  of,        .          .          .         12 

grab  irons,  as  to,  .          .          .          .       102 

heating  of  cars,          .....       108 

locomotive  boilers,  testing  of,     .          .          .110 

mufflers  for  brakes,  approval  of,  .          .       Ill 

platform  gates,  approval  of,        .          .          .109 

safety  appliances,  extension  of  time  for,        .       102 

safety  couplers,  requirement  of,  .          .       101 

spark  arresters,  commissioners  to  approve,  .       158 

tools  and  appliances,  approval  of,        .          .       108 

signboards  at  crossings,  may  order,         .          .         98 

stations,  to  approve  relocation,      ...         95 

changes  in,  to  suggest,       ....         12 

joint  occupancy,  to  fix  compensation  for,     .         95 

revision  by  court,  ....         95 

steamboats,  running  of,  on  Sunday,         .          .       137 

Sunday  trains,  may  allow,     ....       137 

switches,  to  approve  blocking,        ...         95 

whistling,  regulation  of,         .          .          .          .  97,  98 

Location  and  Construction. 

alignment,  change  to  improve,        ...         75 

authorization  on  what  conditions,  .          .         72 

certificate,  filing  and  fee,   ....         72 

estimate  of  engineer,  sworn,        ...         72 

filing  of  location,  certification,    .          .          .  74-79 

powers  of  county  commissioners  vested  in,         74 

purchased  land,  of,         ....  74,  75 

records  of  location,  form,  etc.,    ...         76 

branches  and  extensions,  certificate  for,  .         92 

bridges  over  track,  as  to  making,   ...         87 

crossings,  special  commission  for  alteration,    .          19 

one  commissioner  to  be  a  member,      .          .         20 

access  to  land  cut  off,  to  require,          .          .         91 

appeal,  hearing,  powers,  etc.,      .          .          .  91,  92 

severance  of  land,  appeal  to,  .          .          .         91 

damages  in  Boston,  as  to,      ....        49 

fences,  exemption  from  building,    ...         84 

revocation  of  exemption,  proceedings  as  to,         84 

fixing  route,  action  on  petition,  etc.,       .          .  52,  53 

alignment,  to  improve,       ....         75 

certificate,  exigency,  ....         53 

map,  engineer's  report,  etc.,  to  be  with,       .  52,  53 

state  house,  not  within  three  miles,     .          .         72 

variation,  written  consent  to,      .          .          .         75 

freight  cars,  etc.,  obstruction  by,  to  forbid,      .       100 

grade  crossings,  consent  to,   .          .          .          .87 

abolition  of,  certificate  of  expenditures,        .         30 

agreement,  by,  approval  of,    .          .          .  29,  30 

notice  of  filing  petition  for,      ...          21 

petitions,  decision  as  to  precedence,  .  31,  32 


RAILROAD    COMMISSIONERS  —  Concluded, 
grade   crossings,  abolition    of,  supervision  in 

case  of  agreements,     ....        30 

certificate    of  alteration,  ....         18 

conditions,  restrictions,  etc.,  may  impose,    .         18 

private  railroads,  as  to,  .          .          .       163 

lay-out  of  ways  over,          ....  86,  87 

private  crossing,  appeal  as  to,     .          .          .         91 

hearing  in  county  where  taken,  unless,     .         92 

railroad  grade  crossings,  consent  to,    .          .         86' 

regulations  for,      .....  96,  97 

separation  of,  duties  as  to,      .          .          .  85,  86 
street  railway  crossings,  consent  to,    .          .          18 
trains,  shifting,  etc.,  at,      .          .          .          .98 

public   opening,    certificate   for   operation   to 

precede,    ......         93 

map,  profile,  etc.,  as  to,          .          .          .          .         93 

other   railroads,    land   or   rights   of,    may   be 

purchased  or  taken,    ....  75,  76 

for    crossing    railroads   or   street    railways, 

commissioners  to  adjudge  necessity,     .         76 

Street  Railways. 

See   "RAILROAD   COMMISSIONERS"   in   Street 
Railway  Index. 

Voluntary  Associations. 

or  express  trusts,  books,  accounts,  contracts, 

examination  of,  ....          14 

records  and  memoranda,  examination  of,         .         14 
trustees  under  a  written  instrument  or  declara- 
tion of  trust,  etc.,  examination,  etc.,      .         14 

reports  and  information  as  to  relations  with 
railroad,  street  railway,  etc.,  corpora- 
tions, may  be  required,  ...  14 

examination  of  books,  etc.,  of  partnerships, 
etc.,  under  same  ownership  as  rail- 
road, etc.,  corporations,  ...  15 

investigation  of  dealings  between  railroad, 
etc.,  corporations  and  such  partner- 
ships, etc.,  .....  15 

reports  and  information  may  be  required,    .          15 

refusal  or  neglect,  penalty,       .          .          .        15 

supreme     judicial     court,    jurisdiction     in 

equity  as  to,      .          .          .          .          .         15 

rates  and  service, recommendations,  etc.,  not 

affecting  interest  of  such  partnerships,          15 
written  instruments  or  declarations  of  trust, 
copy  filed  with  commissioner  of  cor- 
porations, .....       162 

copy  filed  with  clerk  of  city  or  town  where 

located, 162 

annual  statements  filed  with  commis- 
sioner of  corporations  and  with  com- 
missioners, when;  penalty,  .  .  .  162 

copies    to    be    transmitted    to  secretary  of 

commonwealth,  publication,          .         162,  163 
certain    corporations    not    to    acquire  more 
than  ten  per  cent  of  total  stock  of  rail- 
road corporation,         ....       163 
name  or  title  not  to  be  like   that  of  public 

service  corporation  controlled,  etc.,      170,  171 

commissioners    to   investigate   question   of 

violation  of  above;  penalty,          .          .       171 

violations  to  be  reported  to  attorney- 
general,  recovery  of  forfeiture,  in- 
junction, etc.,  .  .  .  .  .  171 

adopted  prior  to  act  not  affected,    .          .       171 
See  also  PUBLIC  SERVICE  COMMISSION,  and 
the  various  Titles  in  this  index. 


326 


INDEX   TO    RAILROAD   LAWS. 


RAILROAD    CORPORATION. 

definition,   .... 


48 


RAILROAD   INSPECTORS. 

appointment  of,  .          .          .          .          .          .  1-5 

duties,         .......  36 

inspection  of  crossings,          ....  36 

reports,       .......  36 


RAILROAD  POLICE. 

appointment,  duties,  . 
liability  for  injuries  by, 
witness  fees  not  allowed, 


84 

36 


RAILROAD   LINES. 

inspection  of,  commission  may  have  use  of 

locomotive,  etc.,          ....         36 

RAILROADS,  SEVERAL. 

apportionment    of    expense    between,    aboli- 
tion crossings,    .          .          .          .          .  22,  23 

RAILS. 

safeguards  for,     ......  87 

to  be  protected  at  highway  crossings,      .          .  87 

guard  rails,  blocking,    .....  95 

RAILWAY   LINES. 

inspection  of,  .          .         .          .36 

RAISING   HIGHWAYS. 

or  lowering,  county  commissioners  to  direct,         87 

RAISING   WAYS. 

provisions  as  to,  .          .          .          .          .87 

RATES. 

and  accommodations,  commissioners  may  in- 
vestigate, .          .  8,  13,  16,  127, 128 
recommendations  as  to  changes,  .          .     8,  16 
conveyance  at  reduced,          ....       121 

commissioners  may  act  upon,         .          .          .       116 
previous  action  under  authority,  etc.,  not  to 

prevent,    .          .          .          .          .          .116 

copies  of,  for  commissioners,  .          .          .          13 

directors  to  establish,  .          .          .          .          .116 

legislature  may  revise,  .          .          .          .116 

steamship,  ......          .    8-10 

Mileage,  Commutation  and  Season  Tickets. 
issue  of  mileage  tickets,  one  coupon  for  each 

mile  and  fraction,  except,    .          .          .119 
distances    from    certain    Boston    stations, 

how  computed,  .          .          .          .119 

twelve-ride  commutation    tickets,  within  fif- 
teen miles  of  Boston  terminal  station,    .       119 
Boston,  Revere  Beach  and  Lynn  railroad 

excepted,  .          .          .          .          .          .119 

price  of  tickets,  how  determined,          .      ,    .       119 
rate  and  conditions  subject  to  approval  of 

commissioners,  .          .          .          .          .119 

rates  of  fare  to  be  equal  when  practicable,       119 
continued  use  of  twenty-five  ride  tickets, 

when,        .          .          .          .          .          .119 

season  tickets,  for  passengers,         .          .          .       121 
for  express  messengers,       ....        123 

form  and  conditions  subject  to  approval  of 

commissioners,  .          ,          .          .          .116 


RATES  —  Continued. 

season   tickets,  may  be  deposited  for  not  less 

than  one  week,  .          .          .          .119 

reissue,  extension  of  use  for  number  of 

days  equal  to  time  deposited,      .         119,  120 
not  to  be  deposited  oftener  than  once  in 

three  months,    .....       120 
commissioners  may  approve  further  priv- 
ileges,          120 

reimbursement    for   fares   paid   by   season 

ticket  holders,  when,  .          .          .120 

Public  Service  Commission  Act  of  1913. 

certain,  not  to  constitute  discrimination,  un- 
less  116 

charges,  regulations,  practices,  equipment, 
services,  of  common  carriers,  inquiry 
into 127,  128 

commission  may  regulate  and  prescribe,          .       116 

common  carriers  may  make,          .          .  .116 

delegated  authority  from  General  Court  not 

to  prevent  action,        .          .          .          .116 

just  and  reasonable,  to  be,  etc.    See  CHARGES. 

division  of,  in  connection  with  through  routes. 
See  THROUGH  ROUTE. 

mileage,   workingmen's,   excursion,   school   or 
commutation  passenger  tickets,  issued 
unless,       .          .          .          .          .          .116 

joint  interchangeable  mileage  tickets  may 

be  issued,  .          .          .          .          .116 

special  privileges  as  to  amount  of  free  bag- 
gage,         .....  116 

reduced  rate  tickets,  for  children  under  twelve 

may  be  issued,  ....  116 

for  pupils  attending  school  may  be  issued,       116 

season  tickets,  subject  to  approval  as  to  form 

and  conditions,  .          .          .          .116 

Changes  in  Rates, 
changes,  without  notice,  commission  may  allow 

for  good  cause,  .          .          .          .          .117 
may  prescribe  conditions,  .          .          .117 

may  suspend  taking  effect  of  changes,          .       117 
notice  to  state   changes  proposed  and  time 

when  effective,  .          .          .          .          .117 
thirty  days'  notice  required,  unless,         .          .        117 
to  be  plainly  indicated  on  existing  schedules,       117 
new  schedules  may  be  printed  and  filed,        .        117 
hearing,  public,  on  complaint,  etc.,  as  to  pro- 
posed changes,   ....         117,  118 
investigation  may  be  made,        .          .         117,  118 
suspension  of  taking  effect  of  changes  for  not 

less  than  six  months,  .  .  .        118 

order  may  issue  after  hearing,  .  .  .118 
burden  of  proof  to  show  increase  necessary,  118 
power  to  determine  just  and  reasonable 

minimum  rate,    .          .          .          .          .118 
no    charge    lower    than    minimum  without 

consent  after  hearing,  .          .          .   -   118 

hearing  on  commission's  motion  or  complaint,       118 
determination  as  to  unjust,  etc.,  rates,  fares 

or  changes,         .          .          .          .          .118 
that  regulations,  etc.,  are  unjustly  discrim- 
inatory or  unduly  preferential,      .  .118 
that  rates  are  insufficient  to  yield  reason- 
able compensation,      .          .          .          .118 
are  unjust  or  unreasonable,           .          .        118 
order   fixing   just   and   reasonable   rates, 

etc., US 


INDEX   TO    RAILROAD    LAWS. 


327 


RATES  —  Concluded. 

hearing  on  commission's  motion  or  complaint, 
determination  as  to  unjust,  etc.,  to  be 
served  upon  common  carriers,  etc.,  .       118 
observance  of,  by  officers,  agents  and 

employees,      .          .          .          .          .118 
carrier  may  charge  less  for  longer  than  for 

shorter  distances,     .          .          .          .118 
commission  to  determine  and  authorize,       118 

Schedule  of  Rates. 

to  be  filed  and  printed,          .          .          .          .117 
open  to  public  inspection,  .          .          .117 

to  conform  to  forms  and  requirements  of 

interstate  commerce  commission,  .       117 

to    include     conditions,    limitations,    rules 

and  regulations,  .          .          .          .117 

to  include  forms  of  contracts  or  agreements,  117 
no  different  rate,  joint  rate,  fare,  etc.,  to  be 

demanded,  etc.,  .          .          .          .117 

nor  telephone  rental,  toll  or  charge,  .  .117 
refunding  of  rates,  etc.,  prohibited,  .  .  117 
rules,  regulations,  privileges  and  facilities  to  be 

uniform,    .          .          .          .          .          .117 

REAL   ESTATE. 

mortgage  of,  to  secure  bonds,         ...         62 

REASONABLE  ACCOMMODATIONS. 

for  passengers,     .          .          .          .          .          .111 

penalty  for  withholding,    .          .          .          .111 

RECEIPTS. 

to  shippers  of  merchandise,  ....       125 

RECEIVER. 

liability  for  obstruction,  crossings,  .         99,  100 

in  dissolution  proceedings,  may  be  appointed 

when,         ......  152 

may  prosecute  suits,  appoint  agents,  etc.,        .  152 

to  pay  debts  and  distribute  surplus,        .          .  152 


RECOMMENDATIONS. 

to  be  entered  of  record, 


RECORD. 

of  rulings  of  law,  .... 

of  land  takings,    ..... 
for  abolition  crossing,  . 

See  LOCATION. 

RECORDING. 

of  agreement  of  association, 

with  certificate  of  incorporation, 
of  bond  issues  [repealed],       .... 
See  also  CORPORATE  MATTERS. 

RECORDS. 

of  commission,  every  vote,  recommendation 

and  order  to  be  entered, 

of  state   departments,    access  to,   in   making 
valuation,  etc.,  of  property  of  common 
carriers,     ...... 

of  common  carriers,  may  be  examined,    . 
may  compel  production  of,  etc., 
witnesses  as  to,  compelled  to  attend,  . 
forms  of,  may  be  prescribed, 


167 


249 

75-80 

24 


54,  55 

54,55 

61 


167 


16,  17 
14 
14 

14 

17,  18 


to  conform  to  interstate  commerce  forms,  17,  18 


RECORDS  OF  CORPORATIONS.    See  COR- 
PORATE MATTERS. 

RECORDS   OF  LOCATIONS. 

commissioners  to  prescribe  rules  for  filing, 
clerk  to  certify  compliance  with,          .          . 
See  LOCATION. 


70 

m 


RECOVERY. 

for  loss  of  life,1     .          .          ...          .          .40 

by  employees,  when,          .          .          .         103-108 

RECOVERY  OF   COSTS. 

proportionate,  alteration,  crossings,         .          .         20 

REDUCED   RATES. 

conveyance  at,     .          .          .          .          .          .121 

service  at,  for  employees,  etc.,       .          .          .       124 

REDUCTION. 

of  capital  stock,  .          .  .  .  .  .  52,  55 

certificate  of,    .          .  .  .  .  .55 

of  fares  on  certain  trains,  .  .  .  121,  123 

REFUNDING. 

indebtedness.     See  BONDS;   CAPITAL  STOCK; 
INDEBTEDNESS,  EVIDENCES  OF;  NOTES. 

REFUSAL  OF  CARS. 

without  safety  appliances,  from  other  roads,       101 

REGISTERED   BONDS. 

regulations  as  to,  .....  63,  64 

mortgages,  etc.,  not  to  affect,     .          .          .  63,  64 

REGISTERED   LAND. 

sale  for  cost  of  fencing,          .         .          .  85   , 

REGULATION. 

of  traffic  between  connecting  roads,         .          .       138 

REGULATIONS. 

grade  crossings,  as  to,  .          .          .          .          .         18 
of  common  carriers,  inquiry  into,  .          .         127,  128 
affecting  rates.     See  RATES. 
affecting  service.     See  SERVICE. 

REIMBURSEMENT. 

for  costs,  damage  suits,  crossing  abolitions,      .         22 
street  railways,  crossing  alterations,        .          .  22,  23 


RELIEF   SOCIETIES. 

for  employees,  incorporation  of, 

investigation  of  associates, 
by-laws,  officers,  .... 

approval,          ...... 

annual  report  to  commissioners,     . 

voting  regulated  by  commissioners, 

examination  by  commissioners, 

funds  not  attachable,  etc.,     .... 

penalty  for  refusing  access  to  books, 
railroad  as  associate  or  member,    . 

RELOCATION. 

of  street  railway  tracks,  crossing  alterations, 
of  stations,  permitted,  when, 
commissioners  may  recommend,     . 

REPAIRING  BRIDGES.     See  BRIDGES;    RE- 
PAIRS. 


33 
33 

33,34 
34 
34 
34 
34 
34 
34 
34 


24 
95 
12 


328 


INDEX   TO   RAILROAD    LAWS. 


REPAIRS. 

county  commissioners  may  order,  .          .         89 

on  bridges,  damages,  etc.,      .          .          .          .  89,  90 

at  crossings,          ......         89 

county  commissioners  to  order,  .          .         89 

at  separated  crossings,  .          .          .27,  29,  30 

notice  of  necessary,       .....         12 

See  CROSSINGS. 

REPEAL. 

of    certain    chapters    of    the    revised    laws, 

etc 46,  47,  167 

not  to  affect  pending  suits,  etc.,  .  47,  167 

of  all  acts  and  parts  of  acts  inconsistent, 

etc., 168 

of  certain  laws  as  to  issue  of  stock,  bonds, 

etc.,  .  .-•••  .  .  .  .63 

of  law  for  apportioning  expenses,  etc.,  of 

commission,  .....  6 

of  law  for  apportioning  certain  expenses  of 

Massachusetts  highway  commission,  .  3,  269 
of  provision  that  contested  matters  may  be 

heard  by  one  commissioner,  .  .  9 

provisions  of  previous  acts,  etc.,  and  rights 

acquired  unrepealed,  etc.,    .          .          .       168 

REPORT. 

of  auditor,  grade  crossing  abolitions,  .  .  27,  28 
to  commissioners,  by  inspectors,  ...  36 
commissioners,  annual,  ....  6 

REPRESENTATION. 

of  commission  at  public  hearings  in  or  out  of 

commonwealth,  .          .  •  127,  128 

before  interstate  commerce  commission,        127,  128 


RESTRICTIONS. 

•      at  grade  crossings, 


RETURN. 

quarterly,  failure  to  make;   penalty, 


IS 


161 


RETURNS. 

abstracts  and  tables  of,          ....  6 

amendment  of  defective,       ...  17,  160 

annual,  by  directors  under  oath,    .          .        159,  160 

form  of,  to  be  prescribed,.          .          .    17,160,161 

neglect  of,         ......       150 

originals  to  be  preserved,  ....         17 

treasurer  to  swear  to,         .          .          .          .159 

chief  accounting  officer  to  swear  to,    . .        .       159 
time  for  filing,  ....  160 

may  be  extended  for  good  cause,      .          .       160 
false  reports,  making;  penalty,  .          .          .       161 
voluntary  associations,   annual,  as  to  sub- 
sidiaries; penalty,       ....       162 

copies  to  be  transmitted  to  secretary  of  the 

commonwealth,  publication,          .         162,  163 
as  to  contracts,  connecting  roads,          45,  140,  159 
blanks  for,  to  be  furnished,          ...         17 
express   companies,    to  commissioners,  to  in-         16 
elude  copies  of  contracts  with  other  com- 
panies, etc.,        .....         16 

amendment  of  returns,  neglect,  penalty,       .          16 
forms,  commissioners  to  prescribe,          .  17,  159,  160 
lessee,  and  lessor,  by,   .          .          .          .          .161 

original  preserved  in  office  of  commissioners,          17 
penalty  for  failure  to  make,  .          .          .          .160 

quarterly,    .......       161 

public  inspection  of,  ....       161 

See  CORPORATE  MATTERS. 


REVALUATION. 

of  property  of  common  carriers  may  be  made,         16 
access  to  books,  etc.,  of  state  departments 

may  be  had,       .....         17 

REVIEW. 

of  rulings  of  commission  by  supreme  judicial 

court, 167,  168 

procedure, 167,  168 

REVTVOR. 

of  unsettled  damage  claims,  ...         83 

RIOHT   OF  WAY. 

over  crossings,  by  prescription,  not  to  have,    .         92 

RIGHTS   OF   COMMONWEALTH. 

unimpaired,  when,        .          .  .          .49 

RISK. 

non-assumption  by  employees,       .          .          .       102 

ROAD  BED. 

injury  to  construction  materials,    .          .          .       154 

ROLLING   STOCK. 

additional  appliances,  commissioners  may  re- 
quire,        .          .          .          .          .          .116 

additions  to,  suggestions,       ....         12 

attachment  of,     .          .          .          .          .          .38 

forbidden,  unless,      ....          .38 

brakes  and  brakemen,  .          .          .         100,  101 

power  and  train  brakes,     ....       101 

changes  in,  commissioners  may  suggest,  .          12 

conditional  sale  of,        .....  37,  38 

acknowledgment,  record,  etc.,     ...         38 
general  law  not  applicable,          ...         38 
name  of  owner,  to  bear,     ....         38 

payment,  record,  fee,          ...          .          .38 

title  to  vest  in  purchaser,  when,  .          .  37,  38 

couplers,     .......       101 

fire,  safeguards  from,    .....       108 

grab  irons,  as  to,  .          .          .          .          .       102 

heating,  passenger  cars,         ....       108 

inspection  of,       .          .          .          .          .          .36 

lighting,  by  naphtha  forbidden,      .          .          .       109 
locomotive  boilers,  testing,    .          .          .         110,  111 
machinery,  considered,  when,         .          .          .       103 
mufflers,  for  vacuum  brakes,  .          .          .       Ill 

safety  valves  for,       .          .          .          .          .111 

platform  gates,  approval  of,  ...       109 

safety  appliances,  extension  time,  .          .       102 

spark  arresters,  commissioners  to  approve,     .       158 
tools  to  be  carried,        .....       108 

See  CARS;  CRIMES;  EQUIPMENT  AND  OPER- 
ATION. 

ROUTE. 

fixing 52,  53 

by  commissioners,  on  appeal,  certificate,   .         53 
action  of,  commissioners  on,  ...         53 

limits  of  land  taken  outside  of,  etc.,        .          .  74-79 
See  THROUGH  ROUTE. 


RULES. 

affecting  rates.     See  RATES. 
for  transporting  explosives,    . 
for  filing  land  takings, 

RULINGS   OF  LAW. 

record  of,    . 


133 
76 


249 


INDEX   TO    RAILROAD   LAWS. 


329 


S. 


SAFEGUARDS. 

against  fire,  commissioners  may  order,  omis- 
sion of;  penalty,          .... 
for  rails,  crossings,  etc.,          .... 

SAFETY   APPLIANCES. 

for  freight  trains,  etc.,  equipment, 

extension  of  time  for,          .... 

neglect  of,  . 

penalty,  ....... 

limitations,  ...... 

SAFETY   COUPLERS. 

requirement  of,    . 


SAFETY   SWITCHES. 

failure  to  use;  penalty, 
blocking;   penalty,    . 


SAFETY   VALVES. 

mufflers  for,  etc., 


108 

87 


101 
101 
102 
102 
102 


101 


111 


SCHEDULES. 

of  rates.     See  RATES. 

SCHOOL  TICKETS.     See  RATES. 

SCOPE. 

of  statutory  provisions,  as  to  commissioners' 
authority,          ..... 


12 


SCRIP   DIVIDENDS. 

forbidden,  . 


.  66,67 


SEAL. 

official,  shall  be  judicially  noticed, 

documents  and  orders  certified  under  to  be 
evidence,  when, 


167 


SEASON  TICKETS. 

for  passengers,      ......  121 

for  express  messengers,           ....  123 

form  and  conditions  subject  to  approval  of 

commission,       .          .          .          .          .116 

SECRETARY   OF   COMMONWEALTH. 

agreement  of  association  to  be  filed  with,       .  54 

for  foreign  railroads,           ....  165 
certificate  of  consolidation  or  'lease  to  bo  filed 

with, 43 

of  incorporation,  issued  by,  ...  55 
for  foreign  railroads,  ....  165 
as  to  locations,  to  be  filed  with,  .  .  72 
as  to  branches,  to  be  filed  with,  .  .  72 
as  to  stock  issue,  to  be  filed  with  [re- 
pealed],    67 

as  to  stock  increase,  to  be  filed  with,   .          .  55 

as  to  bonds,  to  be  filed  with,     ...  67 

as  to  change  of  gauge,  to  be  filed  with,          .  55 

of  change  of  name  to  be  filed  with,      .          .  151 

conditional  sale  of  rolling  stock,  record  with,  37,  38 

declaration  by  vendor,  etc.,  on  margin,      .  38 

fee  for  recording,      .....  38 

map,  profile,  etc.,  to  be  filed  with,           .          .  93 

relief  societies,  action  on,       ....  33 

return  of  decree  of  dissolution  to,  .          .          .  152 

returns  to,  by  local  assessors,          .          .          .  142 


SECRETARY     OF     COMMONWEALTH  — 

Concluded. 

special  charter,  petition  to  be  deposited  with, 

etc., 50 

surrender  of  certificate  of  incorporation,  peti- 
tion to,  .  .  .  .  .  152 

SECURITY. 

for  damages,  raising  or  lowering  ways,     .          .         87 
land  takings;  costs,     ...  79 

SELECTMEN. 

definition,   .......  48 

complaints  to,  appeal  to  commissioners,          .  13 
may  petition  for  examination  of  railroad,  etc.,  13 
may  petition  as  to  alteration  of  crossings,         .  18 
may  petition  for  special  grade  crossing  aboli- 
tion commission,         ...  21 


SEPARATION. 

of  two  railroads, 


.  85,  86 


SERVICE. 

In  General. 

of  common  carriers,  inquiry  into,  .          .         127,  128 

use  of  locomotive,  car  or  steamship  in  connec- 
tion with  inspection,  ....  36 

at  reduced  rates  to  employees,  etc.,         .          .       124 

free,  for  charitable  purposes,  to  be  approved 

by  commission,  ....       124 

telephone  and  telegraph,  at  reduced  rate  to 
commonwealth,  any  city  or  town,  un- 
less  124 

charges  for.     See  RATES. 

of  orders  of  commission.     See  ORDERS. 

Regulation  after  Hearing. 

inquiry  into  regulations,  practices,  equipment, 

service,  etc.,       .          .          .          .          .    9,  10 
action  if  unjust,  unreasonable,  unsafe,  im- 
proper or  inadequate,  .          .          .    9,  10 
standard  gauge  lines  to  operate  by  electricity, 

commission  may  order,  .  .  .  9,  10 
time  for  electrification  may  be  prescribed,  .  9,  10 
relative  importance  and  necessity  of  changes 

to  be  considered,         .          .          .          .    9,  10 
duty  of  common  carriers  to  observe  and  obey 

requirements,     .          .          .          .          .    9,  10 

SERVICE,  FREE.     See  FREE  TRANSPORTATION. 

SEVERAL  RAILROADS. 

may  unite  in  petition,  abolition  crossings,      .         22 

SHARES. 

penalty  for  illegal  issue  of,    .          .          .          .71 

transfer  of,  ......         58 

voting  upon,         ......         58 

See  CORPORATE  MATTERS  (Capital  Stock). 

SHIFTING   TRAINS. 
at  crossings,  regulation  of,     .          .          .          98,  100 

SHIPPERS. 

discrimination  between,  forbidden,          .          .  127 

to  have  receipts,  .....  125 

of  milk,  equal  facilities,         ....  134 


330 


INDEX   TO    RAILROAD    LAWS. 


SIGNALS. 

at  crossings,  electric,     ....          .99 

at  drawbridges,    ......  94 

at  overhead  crossings,  enforcement,         .          .  99 
injury,  etc.,  of,     .          .          .          .          .          .42 

interlocking,  authorization,  etc.,     ...  97 

commissioners  may  prescribe  rules,      .          .  97 
block   or   other    devices,    to   be    maintained 

when,         ......  8 

equity  jurisdiction  to  enforce,         ...  8 

SIGNBOARDS. 

at  crossings,         .          .....  98 

approval  of,  by  commissioners,  ...  98 

commissioners  may  order,           ...  98 

proceedings  to  enforce;  penalty,          .          .  99 

SIGNS. 

on  way  stations,  omitting,  etc.,      ...  95 

SINKING  FUND. 

of  commonwealth,  abolition  crossings,    .          .  30,  31 

SMOKING   CARS. 

women,  etc.,  not  required  to  ride  in,       .          .  124 

SPARK  ARRESTERS. 

for  locomotives,  commissioners  to  approve,     .  158 

SPARKS. 

from  locomotives,  fires,  etc.,  .  .  .158 

locations,  adjoining  land,  etc.,  to  be  cleared,  158 

fire  signal,  notice,  etc.,  ....  158 

employees  to  extinguish  fires,  facilities,  .          .  159 


SPECIAL   CHARTERS. 

how  affected  by  general  law, 
locations  under,  .  .  . 
petition  to  general  court  for, 


49 
51 
50 


SPECIAL   COMMISSIONERS. 

for  abolition  of  grade  crossings,  etc.,  .  .  21,  22 
commissioners  may  be  appointed  as,  .  .22 
in  crossing  alteration,  proceedings,  .  .  20 

See  CROSSINGS,  ALTERATION  OF. 

SPECIAL   MEETINGS. 

calling  and  date,  .....         57 

stockholders  may  request,     ....         57 

SPURS. 

branches  and  terminals,  route,       ...         53 

STAMP. 

of  ticket  agent,  forgery  of,    .          .          .          .121 

STANDARD   GAUGE. 

change  from  narrow,  proceedings,  .         .         55 

STANDING  WOOD. 

obstruction  by,  at  crossings,  removal  of,          .         99 
damages,  appeal,       ....          .99 

STATE.    See  COMMONWEALTH. 

STATE  HOUSE. 

locations  within  three  miles  of,       .          .          .         72 
on  land  of,  forbidden,        ....         73 


STATE  HOUSE  PARK. 

no  railroad  or  railway  to  be  operated  over,       .         73 
grant  of  location  not  to  include  any  portion 

of 73 


STATE  INSTITUTIONS. 

location  on  land  of,  forbidden,  except, 


.  73,  74 


STATE   LIBRARY. 

plans  and  profiles  submitted  to  general  court 

deposited  in,  .          .          .          .51 


STATE   OFFICERS. 

free  passes  to,  forbidden, 

STATEMENTS. 

of  condition,  publication, 


123 


14 


STATES,   OTHER. 

privileges  of  roads  chartered  in,     .          .          .  139 

securities  for,                .          .          .          .          .  62, 63 

stock  issues  for  use  in,  no  approval  [repealed],  67 
See  FOREIGN  RAILROADS. 

STATIONS. 

abandonment  of,  forbidden,  when,           .          .  •    95 

attorney-general,  duty,  as  to,     .          .          .  95 

commissioners  to  suggest  changes,  etc.,             .  126 

discrimination  in  use,  forbidden,    .          .          .  126 
inspection  of   commission   may  have  use  of 

locomotive,  etc.,          ....  36 

joint  occupancy,  compensation,      ...  95 

revision  of  award  by  court,         .          .          .95 

land  taking  for,    ......  74 

loitering  around,           .....  153 

name  on  signs  at  or  near,      ....  95 

omitting,  .          .          .          . "       .          .95 

relocation  permitted,  when,  ....  95 

commissioners  may  recommend,          .          .  12 

STATISTICIANS. 

commission  may  appoint,  salaries,           .          .  5 

terms  of  office,  etc.,      .....  5 

STATUTES. 

application  of,  to  railroads,    ....  49 

STATUTORY  PROVISIONS. 

as  to  commissioners'  authority,  scope  of,           .  12 

STEALING  FROM   CARS. 

penalty,       .......  156 

STEAMBOATS. 

Sunday 137 

STEAM  POWER. 

used  on  private  railroads,  laws  applicable,       .  163 

STEAMSHIP   COMPANIES. 

rates,  etc.,  .......  8-10 

guaranty  of  bonds,  etc.,         ....  66 

supervision  by  commissioners,        ...  10 
tickets,  deposits  by  banks,  etc.,       .          .         120,  121 

purchasers  of,  in  foreign  countries,  etc  ,            .  166 
railroad  corporations  may  acquire,  hold  and 

operate,     ......  66 

STEAMSHIPS. 

jurisdiction  of  commission  over,    ...  3 


INDEX   TO    RAILROAD   LAWS. 


331 


STOCK.      See   CORPORATE    MATTERS    (Capital 
Stock). 

STOCK  CERTIFICATES. 

issue,  signatures,  etc.,  ..... 


68 


STOCK   DIVIDENDS. 

forbidden,  when, 


.  66,  67 


STOCK   ISSUES. 

commissioners  may  invoke  equitable  relief  as 

to,  .      : 71 


STOCKHOLDERS. 

entitled  to  new  shares,          .... 

notice  of,          ...... 

lists  of,  access  to,          ..... 

for  tax  commissioner,         .... 

may    apply    to    supreme    judicial    court   or 

superior  court  for  jurisdiction  in  equity 

to  enforce  provisions  of  certain  sections, 
vote  on  officers,  ...... 

See    CORPORATE   MATTERS;     STOCKHOLDING; 

TAXATION. 
vote  of.    See  BONDS;  NOTES;  INDEBTEDNESS, 

EVIDENCES  or. 

STOCKHOLDING,  ETC. 

authority  necessary  for,   ..... 

branches,  subscriptions  for  shares  in, 
connecting  roads,  subscriptions  for  shares  in, 
guaranty  of  bonds;    voting;    limit  of  hold- 
ings,         ...... 

grain  elevators,  in;  representation, 
steamship  companies,  guaranty  of  bonds,  etc., 
telegraph  companies,  in;  limit  of  holdings, 
subscriptions  for  shares,  time  for, 

STOPPING  TRAINS. 

wilfully  or  maliciously,  .... 


71 

71 

16 

140 


88 

r,7 


STOPS. 

at  drawbridges,    . 

at  grade  crossings,  omitting, 


88 

(1C, 


66 
66 


71 


155 


'.It 


STREET   RAILWAY   COMPANIES. 

alteration  of  crossings,  contributions  to,  .  19,  20 

See  also  Index  to  Street  Railway  Laws. 


STREET   RAILWAYS. 

grade  crossings  with,  authorization, 
See    STREET   RAILWAY   COMPANIES;     ABOLI- 
TION GRADE  CROSSINGS  ;  GRADE  CROSS- 
INGS; RAILROAD  COMMISSIONERS. 
See  also  Index  to  Street  Railway  Laws. 

STREETS. 

tracks  longitudinally  in, 

See  HIGHWAYS;  WAYS. 


17 


SUBORDINATES. 

commission  may  appoint,  salaries, 

terms  of  office,  etc.,      ..... 

SUBSCRIPTIONS.    See  CORPORATE  MATTERS; 
STOCKHOLDERS. 


SUIT. 

assessment  of  land  damages  pending,      .          .         82 


SUNDAY   LAW. 

as  to  trains, 

no  defence  to  actions,  loss  of  life, 

as  to  labor  by  employees, 

SUNDAY   STEAMBOATS. 

board  may  allow, 


137 
137 
112 


137 


SUNDAY   TRAINS. 

commissioners  may  authorize, 


.       137 


SUPERIOR   COURT. 

Jurisdiction  in  Equity. 

as  to  law  limiting  stock  or  bond  issues,   to 

enforce,     ......         71 

to    enforce    lawful    orders    and    decisions    of 

commissioners  as  to,   .          .          .          .         71 

to  appoint  receiver  to  wind  up  corporation,    .       152 

to  appoint  grade  crossing  abolition  commis- 
sioners,       21,  22 

may  consist  of  members  of  commission,        .  21,  22 

to    enforce    compliance    with    provisions    of 

crossing  abolition  law,  ...  29 
may  issue  interlocutory  decrees  and  orders, 

etc.,  in  any  county,     .         *.          .          .29 

to  order  copies,  books  or  records,  exhibited 

to  stockholders,  ....         59 

In  General. 

application  to,  for  jury  as  to  routes  in  Boston,         48 
for  jury  in  Boston  damage  suits,          .          .          49 
costs,  taxing  of,  in  hearings  as  to  abolition  of 

grade  crossings,  ....         22 

expense  for  plans  may  be  allowed,       .          .         22 
clerk    of,    to    file    abolition    crossing    decree 

within  thirty  days,  ....  24 
to  record  in  registry  of  deeds,  ...  24 
to  file  with  auditor  of  commonwealth,  .  25 

damages,    in    abolition    crossing   proceedings, 

may  be  determined  by,        ...         25 
discontinuance   of   suits,   by   leave   of   court, 

etc 84 

dissolution,  decree  for,  upon  application,  etc.,       151 
expressmen,  local,   equal   facilities  for,  juris- 
diction to  enforce,       ....       126 
express    messengers,  tickets    for,  jurisdiction 

by  injunction,  etc.,  to  secure,        .          .       123 
jurisdiction  in  equity  to  enforce  provisions  of 

certain  sections,  ....         63 

commission,    attorney-general,    any    stock- 
holder may  apply  to,  ...         63 
any  interested  party  may  apply  to,  .         63 
jury   in,    may    assess    damages   for   railroad 

property  taken  by  commonwealth,  .  50 
may  assess  damages  as  to  metropolitan 

parkways  constructed  over  railroads,    .         89 
justice    of,    approve    fees    and    expenses    of 

grade  crossing  abolition  commissioners,  22 
may  compel  attendance  and  testimony  of 

witnesses  before  commissioners,     .          .          17 
receiver  to  wind  up  corporation,  appointment 

of 152 

to  appoint  grade  crossing  abolition  commis- 
sioners,     ......  21,  22 

decision  returnable  to,  decree,         ...         24 
not  to  issue   until   approved  by  commis- 
sioners,     ......        31 


332 

SUPERIOR  COURT  —  Concluded. 


INDEX   TO   RAILROAD   LAWS. 


to  appoint  special  commission  as  to  alteration 

of  crossing,          .          .  on 

decision  returnable  to,  decree,     .  20 

to  appoint  auditor,  duties,  report,  etc.,  .  27,  28 


SUPERVISION. 


of  accounts,  etc., 

of  crossing  abolitions,  by  agreement, 

of  express  companies,   . 

of  grade  crossings, 

of    railroad    conditions,  operation,  property, 

of  rates  for  milk  transportation, 

of  steamship  companies, 

See  RAILROAD  COMMISSIONERS. 

SUPREME  JUDICIAL   COURT. 

Jurisdiction  in  Equity. 

as  to  appointment,   etc.,   of  trustees   under 

mortgages, 
to    summarily    remove    trustee,    etc.,    and 

appoint  new  trustee,  . 
as   to   gates,   flagmen   or   electric   signals,    at 

crossings  of  ways, 
as  to  height  of  bridges, 

as  to  law  limiting  stock  or  bond  issues,  to  en- 
force, 
as  to  occupancy  of  ways  by  shifting  trains 

etc., 

as  to  operation  of  trains  and  cars, 
as  to  overhead  crossing  of  ways  or  underpass, 
as  to  signboards  at  crossings  of  ways, 
as  to  signalling  approaching  trains  at  over- 
head crossings, 

as  to  unlawful  certificate  approving  location 
against  entry  on  land   until  taken,   except,' 

etc., 
against  taking  land  for  railroad  until  boards 

have  acted, 

to  appoint  receiver  to  wind  up  corporation, 
to  compel  erection  of  fences,  cattle  barriers, 

etc., 
to  enforce  compliance  with  orders,  as  to  block 

signals, 
to  enforce  lawful  orders  and  decisions,  as  to 

stock  issues,  etc., 
to  enforce  orders  as  to  separation  of  railroad 

grade  crossings, 

to  enforce  performance  of  orders  as  to  embank- 
ments, fences,  etc., 

to  enforce  provisions  of  "merger"  law, 
to  enforce  requirements  as  to  safety  couplers 

on  freight  trains, 
to  order  copies,  books  or  records,  exhibited  to 

stockholders, 
to  prevent  the  abandonment  of  stations  after 

five  years, 

to  prevent  crossing  of  railroads  at  grade,  un- 
less, etc.,  . 
information     filed    by   attorney-general    of 

violations, 

to  prevent  substantial  diminishing  of  accom- 
modation furnished, 
abandonment  of  station, 
to  restrain  entry  on  land  when  damages  are  in 

dispute,     . 

to   prevent   bridge    at    height   of   less    than 
eighteen  feet,      . 


14 
30 

10,  11,  16 
18 

8-12 
134 
10 


65 
65 

99 

87 

71 

100 

8 

90 

99 

99 
72 


77 
152 

84,85 
8 
71 
86 

84 
46 

101 
59 
95 


SUPREME   JUDICIAL   COURT  -  Concluded. 
In  General. 

costs,  taking  of,  in  hearings  as  to  abolition 

of  grade  crossings, 
expense  for  plans  may  be  allowed, 
discontinuance  of  suits,  by  leave  of  court  etc 
^solution,    decree    for,     upon     application" 

etc., 
drawing  cars,  compensation  for,   revision  of' 

board's  award,   . 

expressmen,  local,  equal   facilities  for,' juris- 
diction to  enforce, 
expresa  messengers,   tickets    for,  'jurisdiction 

by  injunction,  etc.,  to  secure, 
justice  of,  may  confirm  election  of  trustees' 

etc., 

hearing,  decree,  filing,  etc., 
may  compel  attendance  and  testimony  of 

witnesses  before  commissioners, 
mails,  transportation  of,  compensation,  peti- 
tion by  postmaster-general,  etc 
commissioners     to     hear     and     determine 

award,  etc., 

reopening  of  hearing,  revision,  award,  etc 
may  appoint  commissioners   to  award   com- 
pensation for  railroad  taken  by  com- 
monwealth, 

receiver   to   wind    up    corporation,    appoint- 
ment of,    . 

stations,  joint  use  of,  jurisdiction  to  'revise 
award,  etc., 


22 
22 

84 

151 
138 
126 
123 

65 
65 

17 
125 

125 
125 


Public  Service  Commission  Act  of  1913. 

jurisdiction  in  equity  to  enforce  provisions  of 

certain  sections, 

commission,    attorney-general,    any    stock- 
holder may  apply  to, 
any  interested  party  may  apply  to, 
jurisdiction  in  equity  to  review,  annul,  etc., 

rulings  or  orders,         .  .  jg7 

procedure  prescribed  by  its  rules,  167 

terms  on  which  the  order  shall  be  stayed, 

!67, 

tioner  a  attorney  to  file  certificate  as  to 
probable  ground  for  appeal,  etc.,  167 

double  costs  if  petition  not  a  fit  subject  for 

judicial  inquiry,         .  .  167 

burden  of  proof  on  party  adverse  to  show 

order  invalid,  .          .  jg7 

proceedings  to  show  order  invalid  to  have 

preference,  except,  .  jg7 

jurisdiction  to  enforce  valid   orders  of  com-    ' 


50 

152 
95 

63 

63 
63 

168 
168 

168 
168 


. 

proceedinga  for  preventing   threatened  vio- 
lations of  law, 

I         e  * 

counsel  of  commission  to  act,  subject  to 

attorney-general,       .          . 
mandamus  or  injunction  may  issue,        . 


168 

-IOCS 

jgg 
168 


SWITCH   CONNECTIONS. 

to  be  maintained  on  application,  etc.,     .  44   45 

appeal  to  commissioners  upon  failure  to  install        '45 
to    secure    through    routes.      See    THROUGH 
ROUTE. 


SWITCHES. 

commissioners  may  approve  blocking, 
not  blocking;  penalty, 
safety,  failure  to  use, 


95 
95 
95 


INDEX  TO   RAILROAD   LAWS. 


333 


T. 


TAKING   LAND. 

for  crossing  alterations,          .          .          .          .    .      19 
for  grade  crossing  abolitions,          .          .          .  24,  25 
See  LOCATION. 

TAKING    OF   RAILROADS 

by  commonwealth,  after  year's  notice,   .          .         50 

TAMPERING. 

with  tools  on  trains,     .          .          .          .          .155 

TARIFF. 

between  connecting  roads,  regulated,      .    44,  45,  139 
for  milk  transportation,          ....       135 
revision  by  board,     .....       135 
See  FARES;  MERCHANDISE;  TRANSPORTATION. 

TAX   COMMISSIONER. 

to    apportion    expenses   upon    railroads    and 

railways  [repealed],     ....  6 

See  TAXATION. 
TAXATION. 

land  outside  limits  of  route  taxable,  .  .  76 
of  foreign  railroads,  provisions,  etc.,  .  .  167 
of  wires,  poles,  etc.,  ....  234-236 

Corporate  Franchise  Tax. 

annual  returns  to  tax  commissioner,        .         140,  145 

complete  list  of  shareholders,  etc.,  .         140,  145 

capital  stock,  amount  of,       .          .          .         140,  145 

par  and  market  value  of,  .          .          .         140,  145 

held  as  collateral  security  if,       .          .         140,  145 

detailed  statement  of  works,  machinery,  etc.,  140,  145 

whole  length  of  lines,  return  of,      .          .        140,  145 

length  of  lines  without  commonwealth,         140,  145 

tax  to  be  paid,  how  determined,     .          141,  147,  148 

Tax  Commissioner. 

return  of  length  of  line  to,     .          .          .         140,  145 
to  ascertain  true  market  value  of  shares,        140,  146 
cash  value  to  be  taken  as  true  value  of  fran- 
chise  140,  147 

deduction  proportional  to  length  outside  of 

commonwealth,  .          .  140,  141,  147 

local    valuation    to    be    deemed    true    value, 

when 141,  147 

corporation  to  appeal  from  local  valuation, 

when, 141,  147 

may  require  corporation  to  prosecute  appeal, 

when, 141,  147 

may  be  heard  on  such  appeal,  costs,  etc.,      141,  147 
notice    to    corporation  'of    determination    of 

value,        ......       142 

application    to    assessors    for    abatement, 

when 142,  147 

appeal  to  county  commissioners,  when,         143,  147 
valuation      of      commissioner      conclusive, 

when, 142,  147 

to  ascertain  proportion  of  tax  due  cities  and 

towns,       ......       144 

notification  to  treasurers  of  cities,  etc.,        .       144 
certificate  to  treasurer  and  receiver-general,       144 
returns  to,  by  assessors  of  property,  and  taxes 

laid 142 

by  corporations  holding  foreign  railroads, 

provisions,  etc.,  ....       166 


Exemption  and  Apportionment. 

exemption   from  local   taxation  when   corpo- 
rate franchise  tax  is  paid,    . 


143 


TAXATION  —  Concluded. 

distribution  of  tax  on  basis  of  local  owner- 
ship of  shares,    .....       143 
if  held  by  co-partners,  guardians,  etc.,  how 

distributed,        .....       144 

provisions  as  to,         .....       144 

city  or  town  ownership  of  stock,  return  as  to,       143 

TELEGRAPH    COMPANIES. 

stockholding  in,  .          .          .          .          .          .66 

TEMPORARY   LOANS. 

for  payment  damages,  by  towns,   .          .          .32,  33 

for  damages,  grade  crossing  abolition,     .          .  32,  33 

application  of  repayments,  .          .          .  32,  33 

debt  limit,  outside 32,  33 

TENDER. 

to  owner,  land  damages,        ....         79 

TERMINAL    COMPANIES. 

railroad  corporations  may  acquire,  hold  and 

operate,     ......         66 

savings  banks  may  invest  in  bonds  of,  when,         70 

TERMINALS. 

spurs,  branches  and,  locating,         ...         53 

TERMS   OF   OFFICE. 

of  directors,          ......         56 

of  commissioners,          .          .          .         .  1,  2 


TESTING. 

locomotive  boilers,  of, 


110,  111 


THROUGH   ROUTE. 

for  passengers  and  freight,  may  be  ordered 

after  notice  and  hearing,      .          .          .       138 

hearing  to  be  had  upon  complaint,      .          .       138 

line,     continuous     or     connecting,     to     be 

formed 138 

switch  connection  or  interchange  track  at 

connecting  points,       ....       138 

transfer  of  passengers  and  property,    .          .       138 

transportation  of  passengers,  etc.,  operation 

of  cars,  etc.,       .....       138 

power  of   commissioners    to    prescribe  pro- 
portionate portions  of    rates  payable,       138 
to  determine  conditions  of  operation,  etc.,       138 
to  grant  locations  for  switch  connections, 

etc 138 

responsibility    of    operation    on    operating 

company,  whatever  ownership  of  cars,       138 

private  tracks,  switch  connections,  with,      .       138 

commission  may  order,  when,  .          .       138 

may  grant  locations  in  public  ways  for,       138 

THROUGH     TRANSPORTATION.       See 

THROUGH  ROUTE. 

TICKET   AGENT. 

forgery  of  stamp,          .....       121 

TICKETS. 

commutation,  issue  of,  .          .          .          .119 

forgery  of,  .          .          .          .          .          .          .       121 

forms  of,  etc.,  subject  to  approval,         .          .       116 

free.     See  FREE  TRANSPORTATION. 

to  foreign  countries,  sale  of,  etc.,    .          .         120,  121 

See  TRANSPORTATION. 
trip,  on  workingmen's  trains,          .          .          .       123 


334 


INDEX   TO   RAILROAD   LAWS. 


TIDE   WATER. 

damages  for  crossing,   .....         86 

TIME. 

of  taking  effect  of  orders  of  commission.    See 
ORDERS. 

TITLE. 

to  rolling  stock,  to  vest  in  purchaser,  when,   .  37,  38 

TOLLS. 

charges  for.     See  RATES. 


TOOLS   ON  TRAINS. 

failure  to  carry,  . 
tampering  with;  penalty, 


108 
155 


TOWNS. 

may  borrow  for  payment  of  damages,  cross- 
ings, when,         .....  32,  33 
may  receive  telephone  and  telegraph  service 

at  reduced  rates,  unless,  .  .  .  124 
may  recover  over  for  injuries,  etc.,  .  .  156 
proportion  of  expense,  abolition  crossings,  .  22,  23 

repayment  as  part  of  state  tax, 

route,  agreement  as  to,          .          .          .          .         53 
See  SELECTMEN. 

TRACK. 

driving  animals  on,       .....  153 

permitting  beasts  upon,          ....  153 

walking  or  standing  on,          ....  153 

TRACKS. 

longitudinally  in  ways,  ....         53 

damages  from,  .          .          .          .          .  53,  54 

relocation,    street    railway,    crossing    altera- 
tions,        ......         24 


TRAIN   CREWS. 

insufficient  to  operate  trains,  changes  may  be 
ordered,    ...... 


101 


TRAINS. 

at  drawbridges,   .          .          .          .          .          .  93, 94 

cheap  morning,    .          .          .          .          .          .123 

mismanagement  of ,  .          .          .          .157 

missiles,  throwing  at,    .....         43 

obstruction  by;  penalty,        ....         99 

obstruction  of;  penalty,         ....       155 

shifting  at  crossings,     ....          98,  100 

stoppage  of,  wilful,       .....       155 

Sunday,  authorization,  ....       137 

tools  on,  failure  to  carry,       ....       108 

workingmen's,     .          .          .          .          .          .       123 

See  EQUIPMENT   AND   OPERATION;    ROLLING 
STOCK. 

TRANSFER   OF   CREDITS. 

to  loan,  grade  crossing  abolition,    ...        32 

TRANSFER  OF  SHARES. 

attachment  not  to  defeat  title,  etc  ,        .          .         58 
delivery,  record,  etc.,    .....         58 

TRANSIT  RATES.     See  RATES. 

TRANSPORTATION. 

In  General. 

all  persons  and  companies,  equal  facilities  to,       126 
dead  bodies,  of,   .          .          .          .          .          .       131 

express  messengers,  season  tickets  for,    .          .       132 


TRANSPORTATION  —  Continued. 

liquor  into  no  license  towns,  .          .          . 

of  persons  or  property,  under  jurisdiction  of 

commission,        ..... 


confinement  restricted,  .. 

penalty  for  violations,  .          .          . 
unloading,  for  food,  water,  etc.,     . 

Mails. 

carriage  of  United  States,  required, 
compensation,  and  revision  of,   . 


132 
3 


131 
131 
131 


125 
125 


Merchandise. 

discrimination  between  shippers  forbidden,     126,  127 
injunction  lies  against,       ....       126 

local  expressmen,  between,  forbidden,  .       126 

penalty  for,      ......       127 

railroad  stations,  forbidden  between,          .       127 

equal  terms  and  facilities  to  all,     .          .          .       126 

explosives,  transportation  of,  by,   .          .          .       133 

expressmen,  local,  equal  facilities  to,       .          .       126 

contracts  with,      .....       126 

equitable  jurisdiction  to  enforce,          .          .       126 
indemnity  required,  .          .          .          .126 

forwarding  promptly  according  to  directions,       127 
penalties,  and  recovery  of,     .          .          .          .       127 

perishable  articles,  sale  of,  when,  .          .         129,  130 

petroleum  in  yard,  penalty  for  leaving,  .          .       134 

rates,  establishment  by  corporation,        .          .116 

legislature  may  revise,       .          .          .          .116 

express,  .......  10-12 

steamship,         ......          10 

receipts  to  shippers,  to  give,  .          .          .       125 

unclaimed  freight,  sale  of,     .          .          .        129,  130 

Milk. 

connecting  roads,  receipt  from,       .          .          .  134 

penalty  for  not  receiving,  etc.,  •  .          .          .  135 

equal  facilities  to  shippers,    ....  134 

tariff,  establishing;  revision  by  commissioners,  135 

Passengers. 

abandonment  of  stations,  forbidden,       .          .         95 

accommodations,  reasonable,  for,  .          .          .       Ill 

baggage  checks  to  be  furnished,     .          .          .       121 

baggage,  unclaimed,  advertisement,  sale,         .       122 

bicycles  to  be  carried  as,    .          .          .          .       121 

injury  to;  penalty,    .....       122 

dead  bodies,  transportation  regulated,    .          .       131 

disorderly,  etc.,  arrest  of,  jvithout  warrant,     .  35,  43 

fares,  establishment,  etc.,  of,          .          .          .116 

arrest  for  refusing  to  pay,  ...         35 

changes  in,  suggestions  as  to,  .          .         12 

commutation  tickets,  issue  of,    .          .          .       119 

evasion  of  fare;  penalty,   ....         42 

extra  cash  fares  on  trains,  .          .         118,  119 

coupons  to  be  given  for  repayment,  .         118,1  19 

penalty  for  charging  excessive,          .         118,119 

legislature  may  revise,       .          .          .          .116 

limited  tickets,  terms,  etc.,         .          .          .       121 

reduction  on  certain  trains,         .          .          .       121 

tickets  to  foreign  countries,  sale  of,  etc.,      .        120 

free  passes  to  state,  etc.,  officers  forbidden,   .       123 

smoking  cars,  women  not  required  to  ride  in,       124 

Sunday  law  as  to  trains,        ....       137 

trains,  cheap  morning,  etc.,  to  furnish,  .          .       123 

workingmen's  trains,    .....       123 

trip  tickets  upon,      .....       123 


INDEX   TO    RAILROAD   LAWS. 


335 


TRANSPORTATION  —  Concluded. 

Public  Warehouseman, 
liability  as,  .... 


128-130 


TRAVEL. 

of  commissioners,  within  and  without  the  com- 

monwealth, expenditures  for,        .          .  7 

TREASURER. 

choice  by  directors,       .....         56 
of  railroad  corporation,  penalty  for  violation 

of  certain  sections,       ....         63 

temporary,  appointment  of,  ...         52 

to  record  bond  issues  [repealed],     ...         61 

to  swear  to  annual  returns,   ....       159 

See  CORPORATE  MATTERS. 

TRUST    COMPANY. 

to  countersign  bonds,  coupon  notes,        .  .         62 

or  other  evidences  of  indebtedness,  when,    .         62 

TRUSTEE. 

damages,  release  by,     .          .          .          .  .81 

may  vote  as  stockholder  on  stock  held,   .  .         58 

process,  common  carrier  not  liable,  when,  .       134 


TRUSTEES. 

assessment  of  tax  on  shares  held  by, 
election  by  bondholders,  when,       . 

annual  meetings  called  by,          . 

annual  report  of,        .          .          . 


.  144 
.  65 
.  64,  65 
.  64,  65 

.         49 


operating  railroads,  subject  to  general  law, 
may   contract    with    corporation   to    operate 

road  .......         64 

removal  of,  equity  jurisdiction,      ...         65 
See  CORPORATE  MATTERS. 


TWO   RAILROADS. 

alteration  of  crossings,  proceedings, 


85,86 


u. 


UNCLAIMED   DIVIDENDS. 

publication  of  list,         .....         59 

UNCLAIMED   FREIGHT 

sale  of 129 

UNDULY    PREFERENTIAL    RATES.      See 

RATES. 

UNIFORM    SYSTEM. 

of  bookkeeping  and  returns,  .          .        159,  160 

UNIFORMS. 

of  employees,  neglect  as  to,  .          .          .          .       112 

UNJUST. 

.    rates.    See  RATES. 

practices  affecting  service.     See  SERVICE. 

UNREASONABLE  SERVICE.    See  SERVICE. 
UNSAFE   SERVICE.     See  SERVICE. 

UNSETTLED    CLAIMS. 

revivor  of,  .          .          .          .          .          •          .83 

USE   OF  LAND. 

right  to,  suspended,  when,     ....        80 


y. 


VACANCIES. 

in  commission,  how  filled,      ....  2 

in  boards  of  directors,  may  fill,  when,     .          .         52 
See  PUBLIC  SERVICE  COMMISSION. 

VACUUM   BRAKES. 

mufflers  for,          .          .          .          .          .          .       Ill 

safety  valves  for,       .          .          .          ;          .111 

VALUATION. 

of  property  of  common  carriers,  investigation, 

etc.,  of 16,  17 

access  to  books,  documents,  etc.,  of  state 

departments,  etc.,  ....  16,  17 

revaluation  of  such  property  at  any  time,    .  16,  17 


VALVES. 

safety  for  vacuum  brakes,     , 


VARIATION. 

in  route,  consent  to, 

to  be  noted  on  map, 
in  location,  filing, 


Ill 


75 
5:5 


VESSELS. 

passage  through  drawbridges, 

VETO   POWER. 

of  mayor,  not  affected  by  act, 

VIOLATION. 

of  law.     See  PENALTY. 

of  interstate  commerce  law,  proceedings, 

VOID. 

agreement  of  association,  unless,    . 


127,  128 


55 


VOLUNTARY  ASSOCIATIONS. 

or  express  trusts,  books,  accounts,  contracts, 

examination  of,  ....         14 

records  and  memoranda,  examination  of,         .         14 
trustees  under  a  written  instrument  or  declara- 
tion of  trust,  etc.,  examination,  etc.,     ,         14 

reports  and  information  as  to  relations  with 
railroad,  street  railway,  etc.,  corpora- 
tions, may  be  required,  ...  .  14 

examination  of  books,  etc.,  of  partner- 
ships, etc.,  under  same  ownership  as 
railroad,  etc.,  corporations,  .  .  15 

investigation  of  dealings  between  railroad, 
etc.,  corporations  and  such  partner- 
ships, etc.,  .....  15 

reports  and  information  may  be  required,          15 

refusal  or  neglect;  penalty,         ...         15 

supreme     judicial     court,     jurisdiction     in 

equity  as  to,       .          .          .          .          .15 

rates  and   service,    recommendations,   etc., 
not  affecting  interest  of  such  partner- 
ships,        ......          15 

written  instruments  or  declarations  of  trust, 
copy  filed  with  commissioner  of  cor- 
porations, .....  162 

copy  filed  with  clerk  of  city  or  town  where 

located 162 

annual  statements  filed  with  commissioner 
of  corporations  and  with  commis- 
sioners, when ;  penalty,  .  .  .  162 

copies  to  be  transmitted  to  secretary   of 

commonwealth,  publication,         .        162,  163 


336 


INDEX   TO    RAILROAD   LAWS. 


VOLUNTARY  ASSOCIATIONS  —  Concluded, 
certain  corporations  not  to  acquire  more  than 
ten  per  cent  of  total  stock  of  railroad 
corporation,        .....        163 
name  or  title  not  to  be  like  that  of  public 

service  corporation  controlled,  etc.,     170,  171 
commissioners    to    investigate    question    of 

violation  of  above,  penalty,  .          .        171 

violations  to  be  reported  to  attorney-gen- 
eral, recovery  of  forfeiture,  injunction, 

etc., 171 

adopted  prior  to  act  not  affected,         .          .       171 

VOTE. 

of  stockholders.    See  BONDS;  NOTES;  INDEBT- 
EDNESS, EVIDENCES  OF. 


VOTING. 

proxy,          .... 
upon  shares, 

of  corporation,  prohibition, 


w. 


WAGES. 

weekly  payments,          . 

commissioners  may  exempt  from,  when, 
penalty  for  non-payment, 

WAITING   ROOMS. 

supervision  of,     ...... 

local  authorities  may  petition,    .          . 

WALKING   ON   TRACK. 

or  standing  upon,  ..... 

WAREHOUSEMEN. 

'authority  of  governor,  etc.,  to  license,     . 

discontinuance  of  license,  notice  of,    . 

notice  of  license  to  be  given, 

qualification,  notice  of,       . 
bond  to  treasurer  and  receiver-general,    . 

action  on,  in  name  of  commonwealth, 

approval  by  the  governor, 

notice  of,  to  be  given,         .... 

railroad  need  not  give  sureties,  . 
books,  all  transactions  to  be  entered  in, 

open  to  inspection  of  interested  persons, 
charges,  sales  for  overdue,  when,    . 

affidavit  of  notice,  evidence  of,  . 

notice  of  sales,  contents,    .... 

perishable  goods,  liability  of  depositor  of, 

service  of  notice,  publication,  return, 
surplus  proceeds,  payment  over  of, 
deputies,  appointment,  responsibility  for, 
discontinuance  as,  notice  to  be  given, 
insurance,  duty  to  procure  on  request,    . 

railroad  as,  may  itself  insure, 
penalties  for  unauthorized  sales,  etc.,  of  goods, 

forgery,  etc.,  of  signature,  etc.,  of  goods, 


114 
114 
114 


153 


128 
129 
129 
129 
128 
128 
128 
129 
128 
129 
129 
129 
130 
130 
129 
130 
130 
128 
129 
128 
128 
130 
130 


perishable,  etc.,  goods,  sale  by  warehouseman,  129, 130 

depositor  of,  liable  for  charges,  .          .          .129 

disposition  of  proceeds,      ....       129 

railroads,  obligations  as,        ....       128 

receipts,  form  and  contents,  .          .          .       128 

assignment  after  attachment;  penalty,         .       130 

forging  or  counterfeiting;  penalty,       .          .       130 

grain,  description  of,  title  to  lots  under,          .       128 

indorsement,  delivery,  etc.,  to  pass  title,      .        128 

indorsement  after  attachment;   penalty,      .       130 


WAREHOUSEMEN  —  Concluded. 

receipts,  mixed  property,  passage  of  title,  by,    .       128 
negotiable  in  form,          ....       128 
non-negotiable,  form,  assignment  of,      .        128 
sale  of  perishable  goods  stored  on,  .         129,  130 
disposition  of  proceeds,  .          .          .       129 

liability  of  depositor  for  charges,      .          .129 

WARRANTS. 

of  distress  or  execution  for  damages,       .  .         79 

WATER. 

in  cars.     See  DRINKING  WATER. 


WATERS,   NAVIGABLE. 

crossing,  authority, 
damages,  recovery,    . 


86 
86 


WATS. 

alteration  of,  without  authority,  injunction,    .  90,  91 
bridges,  over  and  under,        ....  86,  87 

alteration  of  crossings  law,  to  apply,  when,  90 
change  of  course  of,  .  .  .  .  .87 
discontinuance  of,  abolition  crossings,  .  .  25 
easements  in  lands  adjoining,  ...  25 
equitable  jurisdiction  as  to,  .  .  .  .  90 
excavation  of  unauthorized,  .  .  .  90,  91 

lay-out  not  to  obstruct,  ...         86 

obstruction  of,     .          .          .          .       90,  91,  99,  100 
over  railroads,  grade  crossings,       ...         86 

consent  for,       ......         88 

parkways,  metropolitan,  as  to,  .  .  .  88 
private  railroads  over,  when,  .  .  .  163 

railroads  over,  raising  and  lowering,        .          .  86,  87 

damages,  security,     .....          87 
tracks  longitudinally  in,         ....         53 
See  ABOLITION  OF  GRADE  CROSSINGS;     AL- 
TERATION OF  CROSSINGS;    CROSSINGS. 


WEEKLY   PAYMENTS. 

of  wages,  , 

board  may  exempt  from,  when, 


114 
114 


WHISTLING. 

at  grade  crossings,         .          .          .          .         .  97,  98 
regulation  by  commissioners,      .          .          .  97,  93 

WIRES. 

poles,  conduits,   pipes,  on  railroad  locations, 

taxation  of 234-236 

WITNESS    FEES. 

not  allowed  railroad  police,   ....         36 

See  WITNESSES. 

WITNESSES. 

compulsory  attendance  of,     .          .          .          .  17 

required  to  give  evidence,  when,    ...  14 

summoning,  oath,  fees,  etc.,  ...  17 

summoning  by  inspectors,      ....  36 

WOMEN. 

not  required  to  ride  in  smoking  cars,       .          .       124 

WORKWOMEN'S  TICKETS.     See  RATES. 

WORKWOMEN'S   TRAINS. 

to  and  from  Boston,     .....        123 
trip  tickets  upon,  not- withdrawn  unless,  etc.,       123 


INDEX  TO  STREET  RAILWAY  LAWS, 


A. 


ABOLITION  OF  GRADE  CROSSINGS.    See 

CROSSINGS. 

ABSTRACTS. 

and  tables  from  annual  returns,     .          .          .       249 

ABUTTEKS. 

notice  as  to  connecting  locations,  .          .          .       185 
See  LOCATION,  etc. 

ACCEPTANCE   OF   LOCATION. 

by  directors,  time  for,  limit,  .          173,  185,  206 

to  run  from  date  of  notice  of  approval  by 

commissioners,  .          .          .          172,  173,  185 

ACCESS. 

to  list  of  stockholders,  ....          16 

to   books,    etc.,   of   state   departments.      See 
BOOKS  AND  ACCOUNTS. 

ACCIDENTS. 

commissioners  to  investigate,         .          .          .13 
inspectors  to  investigate,       ..        .          .          .         36 

notice  of 38,  39 

inquests  on,          ......  39,  40 

verbatim  report  to  commissioners,          .          .  39,  40 

bill  to  be  approved,  ,          .          .          .  39,  40 

loss  of  life  through  negligence;  penalty,         .  40-42 

of  employee,  liability,  remedies,  .          .  40,  42 

Sunday  law,  no  defence  to  actions,      .          .       137 

ACCOMMODATIONS. 

definition,  to  include  waiting  rooms,  stations, 

water  closets,  etc.,      ....       219 
for  passengers,  commissioners  may  require,      .       218 
neglect  of,        ....         127,  128,  218 
See  OPERATION. 

ACCOUNTS.      See   BOOKS   AND   ACCOUNTS. 

ADJACENT    CITIES   AND   TOWNS. 

connecting  cities  and  towns,  etc.,  .          .          .       185 
extensions  into,    .          .          .          ...          .       185 

commissioners  to  authorize,  hearing,  etc.,       185 
See  LOCATION  AND  CONSTRUCTION. 

ADMINISTRATOR. 

may  vote  on  stock  held  by  him,     .          .          .       182 

ADVICE. 

of    commissioners    not    to    relieve    corporate 

liability,    ......         13 


AGREEMENT   OF   ASSOCIATION. 

contents  of,  etc., 

See  CORPORATE  MATTERS. 


170,  246 


ALDERMEN. 

board  of,  definition,      .          .          .          .          ;       169 

examination  of  railway,  etc.,  may  petition  for,        13 

locations,  to  grant,  etc.,        ....       171 

alteration  of  locations,       ....       205 

may  revoke,  when,    .....       206 

See  LOCATION  AND  CONSTRUCTION. 
powers  as  county  commissioners,  when,        192,  193 
to  approve  land  taking  for  abolition,       .          .231 
tracks,  may  order  temporary  discontinuance 

of 211 

may  order  removal  of,  upon  voluntary  dis- 
continuance,      .....       210 
See  TAXATION. 

ALTERATION  OF  CROSSINGS.    See  CROSS- 

INGS. 


ALTERATION  OF  LOCATION.     See  LOCA- 
TION AND  CONSTRUCTION. 

ALTERATIONS. 

of  speed  rules,      .... 

AMENDMENT. 

of  defective  or  erroneous  returns,  . 
of  rulings,  by  courts,    . 

ANNUAL   REPORT. 

of  commissioners,          . 


.       209 


250 


6,7 


ANNUAL  RETURNS. 

to  commissioners  by  directors,        .  17,  248,  249 

neglect  to  make;  penalty,  .          .          .  249 

to  lessor,  by  lessee,  etc.,         ....  249 

to  assessors,  length  of  track,  receipts,  etc.,       .  240 
to  tax  commissioner,  length  of  line,  dividends, 

etc., 233 

ANNULMENT. 

of  rulings,  by  courts,  when,  ....       250 

APPEAL. 

from  local  valuations,  etc.,    .          .          .  236,  237 

to  commissioners  as  to  commutation  tax,  .       241 

as  to  express  transportation,       .          .  .189 

APPLICATION. 

of  corporate  franchise  tax,     .          .          .         243,  244 

of  laws  as  to  street  railways,  .          .          .       169 

Boston  Elevated  company,  etc.,  excepted,  169,  170 

special  charters,  how  affected,        .          .         169,  170 


338 


INDEX   TO   STREET   RAILWAY   LAWS. 


APPORTIONMENT . 

of  franchise,  etc.,  tax,  .....       239 
See  TAXATION. 

APPRAISALS. 

of  property,  stock  or  bond  issues, 

APPROACH   OF   CARS. 

notice  of,    .          .          .          .          .          .          •       213 

APPROACHES. 

in  alteration  crossings,  street  railways  to  con- 
tribute  19,  20 

ARREST. 

without  warrant,  by  street  railway  police,        .         35 

ASSAULTS. 

upon  employees,  .....        43 


ASSESSMENT. 

of  betterments,  when,  .....       207 
on  shares;    collections;    liability;    sales,         183,  184 
of  street  widening  expense,  limit,   .          .          .       207 
of  corporate  franchise,  etc.,  tax.     See  TAXA- 
TION. 

of  commutation  tax.    See  TAXATION. 
of   expenses    of   board   upon    companies    [re- 
pealed],     .          .          .          .          .          .      5,  6 

ASSSESORS. 

returns  of  length  of  line  to,  .          .          .          .       240 

ASSOCIATION. 

agreement  of,  contents,  etc.,  .          .          .       170 

See  CORPORATE  MATTERS. 

ATTORNEY-GENERAL. 

to  act  on  report  of  commissioners,  when,  1 1 ,  249 
to  proceed  for  dissolution  of  company,  when,  202 
may  apply  to  supreme,  etc.,  court  as  to  stock 

and  bond  issues,          ....       230 
See  also  Index  to  Railroad  Laws,  ATTORNEY- 
GENERAL. 


AUCTION. 

sale  of  stock  at,  when, 


230,  231 


AUTHORITY. 

of  commissioners  to  supervise,  examine,  etc.,    8,  14, 

127.  128 

enforcement  of  laws  by,     .          .          .          .  8 

notice  to  companies  as  to  laws,  .          .          .         11 
scope  of  statutory  provisions  as  to,          .          .          12 
See  RAILROAD  COMMISSIONERS. 

AVOIDING    GRADE   CROSSINGS. 

construction  of  track  outside  way,          .          .231 

within  limits  of  way,          .          .          .          .231 

land  may  be  taken,       .....       231 

of  highways 192,  193 

See  CROSSINGS. 

B. 

BAGGAGE. 

street  railways,  common  carriers  of,  .  .  189 
authority  limited,  etc.,  ....  189 
commissioners  to  approve,  .  .  .  189 

See  CORPORATE  POWERS. 


BANK   COMMISSIONER. 

duties  as  to  investment  in  street  railway 

bonds,  .  .  .  .  247,  248 

lists  of  companies  paying  five  per  cent  divi- 
dends, for,  .  248 


BETTERMENTS. 

assessed,  when,    . 

stock  or  bonds  for  paying,     . 

BLANKS. 

and  forms  for  returns, 


.       207 
225 


17 


BLOCK  SIGNALS. 

installation  of,     ......          8 

equity  jurisdiction  to  enforce,     .          .          .          8  ' 

injury  to  signals,  .....  42 

BONDHOLDERS. 

may  request  examination  of  books,  etc.,  .         14 

See  CORPORATE  MATTERS. 

BONDHOLDING. 

in  another  company,  when,    .          .          .         186,201 
not  permitted,  except,        ....       186 

BONDS.    See  CORPORATE  MATTERS. 

BOOKS   AND   ACCOUNTS. 

commissioners  to  examine,    ....         14 

bondholders  may  request  examination  of,        .         14 

continuance  of  uniform  system,      .  14,  248,  249 

directors  may  request  examination  of,     .          .          14 

examination  from  time  to  time,      ...         14 

by  request  of  directors,  etc.,       ...         14 

publication  in  Boston  daily  newspaper,     .         14 

penalty  for  refusal,    .....         14 

forms  of,  classification,  etc.,  ....  17, 18 

to  conform  to  interstate  commerce  forms,    .          18 

inspection  at  any  time  by  commissioners,        .         14 

list  of  stockholders,  access  to,         ...         16 

neglect  to  keep,  penalty  for,  ...         16 

non-submission,  etc.,  penalty  for,  ...         16 

of  common  carriers,  may  be  examined,    .          .          14 

may  compel  production  of,  etc.,  .          .          14 

witnesses  as  to,  compelled  to  attend,  ,          .         14 

of   state   departments,    access   to,  in   making 

valuation,  etc.,  .....  17 
publication  of  statements,  ...  .14 
stockholders  may  request  examination  of,  .  14 
stock  books  to  be  kept  at  principal  office  in 

state,         .  182,  183 

submission  to  commissioners,  ...  16 
system  to  be  prescribed  by  commissioners,  14,  248, 

249 
BOSTON. 

alteration  of  crossings  in,   commissioners  to 

.     act,  etc.,   .      \.         ,          .         .  '       .         18 

BOSTON  ELEVATED  RAILWAY. 

certain  enactments  applicable  to,  .  .  .  170 
exempted  from  law  as  to  school  fares,  .  .  220 
no  repeal  of  provision  in  act  to  promote 

rapid  transit,  etc.,  .  .  •  .168 
nor  action  inconsistent  with  prior  rights, 

etc 168 

BRAKES. 

equipment  with,  commissioners  may  require,  214,  215 


INDEX   TO    STREET   RAILWAY   LAWS. 


339 


BRIDGE    ENGINEERS. 

expert,  appointment  of,  duties,      .          .          .  2, 5 

BRIDGE   GUARDS. 

to  be  built, 212 

non-erection  of;  penalty,    ....  212 

BRIDGES. 

appointment  of  expert  bridge  engineers,           .  2,  5 
alteration,    discontinuance,    town's    liability, 

when 211 

building  to  be  approved  by  commissioners,     .  37 

examination  by  experts,     ....  37 

further  examinations,  biennial,  ...  37 

damages,  for  defective,  liability,  etc.,      .          .  212 

expense  of,  in  crossing  alteration  proceedings,  18-20 

floor  systems  'for,           .....  37 

guards  upon;  penalty,  etc.,    .          .                    .  212 

opening  of,  for  repairs,  etc.,            .  '        .          .  211 

See  OPERATION. 

BURIAL   GROUNDS. 

location  through,  punished,  ....  173 

BY-LAWS. 

agents  or  officers,  may  determine  manner  of 

choosing,  ......  180 

business,   management  and  conduct  of,   may 

determine,          .....  181 

meetings,  to  prescribe  time  of,        .          .          .  181 

to  fix  manner  of  calling,     .                    .          .  181 

may  determine  quorum,     ....  181 

operation,  as  to,  by  local  boards,   .          .          .  209 
relief  societies,  of,  approval  of,  etc.,         .          .  33 
stock  certificates,  signing,  to  prescribe  man- 
ner of 182 

lost,  how  replaced,  may  determine,      .          .  183 

treasurer's  bond,  to  fix,          ....  179 

vacancies,  filling,  may  prescribe  manner  of,    .  180 
See  also  OPERATION. 


c. 


CAPITAL   STOCK. 

issue,   increase,  etc. 

TER8. 


See  CORPORATE   MAT- 


CAR  BARNS. 

private  land  locations,  to  reach,     .          .          .       189 

CARS. 

approach  of,  notice,  as  to,  .          .          .       213 

disorderly  conduct  in;  penalty,       .          .          .       214 
ejection  from,  for  evasion  of  fares,  .          .  35,  42 

expectoration  in,  ....        154,  155 

fenders,  wheelguards,  etc.,  upon,    .          .         214,  215 
heating  of,  penalty,  enforcement,  .          .          .       216 
inspection  of,        .          .          .          .          .          .36 

missiles,  throwing  at,    .....         43 

number  and  routes,  as  to,      ....       209 

obstruction  of,  on  other  railways,  .          .       214 

of  streets  by;  penalty,         ....       214 
platforms  for,  enclosed  when,          .          .          .       216 

commissioners  to  approve;   decisions,  effect 

of;  penalty 216,  217 

regulation  of  use,  .....       209 

of  speed, 209 

sales  by  children  on;  penalty,         .          .          .       214 


CARS  —  Concluded. 

special,  fares,  etc.,        .....  219 

sprinkling,  use  of,          .....  187 

to  stop  at  railroad  crossings;  penalty,     .          .  213 

See  ROLLING  STOCK;  OPERATION. 

use  of,  for  inspection  of  lines,        ...  36 

CASH  PAYMENT. 

for  new  shares  of  stock,         .          .          .          .       230 


CERTIFICATE. 

before  construction,  by  directors,  .  .  .  184 
connecting  locations,  as  to,  .  .  .  .  185 
extending  time  for  construction,  .  .  184,  185 
extension  of  franchise,  ....  185 

incorporation,  of,  form,  fee,  .  .  .  178,  179 

of  purchasers  from  receivers,  .  .  245,  246 
operation,  preliminary  to,  .  .  .  .  209 

on  private  land,  .....  191 
payment  of  capital,  filing,  ....  184 
reduction  of  stock,  of,  ....  227 

private  land,  as  to  location  on,  .  .  .  191 

CERTIFICATE   OF   INCORPORATION. 

issue,  by  secretary  of  commonwealth,  form, 

fee 178 

land  damages,  to  be  secured,  .          .          .178 

of  purchasers  from  receivers,  .          .         245,  246 

organization  to  follow  issue,  .          .          .       179 

original  copy  to  be  evidence,  .          .          .        179 

certificate,  preliminary,  of  commission,    .          .       178 
recording  with  agreement,     ....       178 

surrender  of,        ......       245 

See  CHARTER;  CORPORATE  MATTERS. 

CERTIFICATES,    STOCK.      See   CORPORATE 
MATTERS  (Capital  Stock). 

CHANGE   OF   NAME.     See  NAME. 

CHANGES. 

commissioners  to  suggest,  in  stations,  fares, 

etc 12 

may  be  ordered,  after  hearing,       .          .          .    9,  10 

CHARGES. 

of  common  carriers,  inquiry  into,  .          .  127,  128 

for  transportation  of  freight,       .          .  126,  128 

regulation  of 127,  128 

to  be  just  and  reasonable,            .          .  116,  118 

unjust  and  unreasonable,  unlawful,     .  .       116 
heretofore  made  deemed  prima  facie  lawful,       116 

weight  of  evidence,   .          .          .          .  .116 
for  service.     See  RATES. 


CHARTER. 

forfeiture  of,  when, 
issuance  of,  form,  fee,  . 
publication  of  petition  for, 
limitations  as  to  fares, 
surrender  of, 


.   202 

178,  179 

50 

.   218 
245 


See  CERTIFICATE  or  INCORPORATION. 
special,  provisions  as  to,        .          .          .          .         50 
See  PETITION. 

CHECKS. 

free,  withdrawal  of,  etc.,        ....       224 
commissioners  to  approve,    ....       224 


340 


INDEX   TO   STREET   RAILWAY   LAWS. 


CHILDREN. 

half  fares  for  pupils, 
sales  by,  on  cars;  penalty,  when, 
See  PUPILS. 


219,  220 
214 


CITIES. 

distribution  of  tax,  appeal  to  commissioners,  241 
excise  tax  payable  to,  .  .  .  .  241-243 
not  liable,  discontinuance  of  ways,  .  .211 
route  in,  in  agreement  of  association,  .  170,  246 

CITY  OFFICERS. 

complaints  by,     .          .          .          .          .          .13 

may  petition  for  remedies,  when,         .          .       250 

CLERK. 

of  company;  election;  oath,  .          .          .         179,  180 

temporary  clerk,  duties,  etc.,      .          .         171,  179 

must  be  resident  of  commonwealth,     .         179,  180 

penalty,        ......         56 

to  notify  of  special  meetings,     ...          .       181 

CLERK   OF  THE   BOARD. 

certificate  of,  preliminary  to  incorporation,   .       178 

COAL. 

transportation  of,          .....       187 
See  CORPORATE  POWERS. 

COLORED  PERSONS. 

no  discrimination  against,    .          .          .         124,  125 

COMMISSIONER   OF   CORPORATIONS. 

certificate  as  to  changes  in  officers  to  be  filed 

with, 56 

See  VOLUNTARY  ASSOCIATIONS.  See  also 
CORPORATE  MATTERS  (Capital  Stock). 

COMMON    OR  PARK. 

location  on,  forbidden  after  twenty  years,  .  173 
public  parks,  lay-out  over,  restricted,  .  173,174 
park  commissioners  may  approve,  when,  .  174 

Sec  also  LOCATION  AND  CONSTRUCTION  (Com- 
mon or  Park). 


COMMONWEALTH. 

contribution  to  grade  crossing  abolition, 
provisions  as  to,  .... 
bonds,  sinking  fund,  etc.,  . 

excise  tax,  payable  to,  ... 


COMMON    CARRIERS. 

street  railways,  of  freight  and  baggage,  . 
authority  defined,         ..... 
failure  to  grant  appeal,  .... 

not    authorized    by    consolidation    or    lease, 

when,        ...... 

commissioners  to  approve,    .... 

petition  to  commissioners,  when,   . 

See  CORPORATE  POWERS.     See  also  Index  to 

Railroad  Laws,  COMMON  CARRIERS. 

COMMUTATION  TAX.    See  TAXATION. 


23 

28 

31 

239 


189 
189 
189 

201 
189 
189 


COMPLAINTS. 

by  municipal  officers,   . 
by  employees;  secrecy  of, 
by  legal  voters,    .       .  . 
examinations  into,  when, 


13,  250 

13 

13 

9,  10,  13,  118 


COMPLIANCE. 

certificate  of,  before  incorporation,          .          .  178 

before  operation,       .....  209 
on  private  land,         .          .          .          .          .191 

CONDITIONAL    SALE. 

of  rolling  stock,  payment,  recording,  etc.,        .  37 
See  ROLLING  STOCK. 

CONDITIONS. 

and  restrictions  at  grade  crossings,          .          .  18 

CONDUITS. 

ducts,  etc.,  inspection,           ....  36 

CONNECTING   CITIES  AND   TOWNS. 

extensions  into,    .          .          .          .          .          .  185 

See  LOCATION  AND  CONSTRUCTION. 

CONNECTING   LOCATION. 

application  to  commissioner?,  hearing,   .          .  185 

grant  of,  conditions,     .....  185 
See   LOCATION  AND  CONSTRUCTION;    CORPO- 
RATE POWERS. 

CONNECTING  ROADS. 

definition,   .......  202 

joint  use  of,          ......  186 

commissioners  to  regulate,           .          .          .  186 
consolidation    of,    approval    by    commission- 
ers,   43,  199,  200 

express  business  not  authorized  by,     .          .  201 

powers  and  duties  after,    ....  201 

reduction  of  stock  upon  sale,      .          .          .  202 

vote  by  stockholders  approving,           .          .  199 

See  also  CONSOLIDATION  AND  SALE. 

lease,  decision  by  commissioners,  when,           .  44 

conditions  of  lease,    .....  202 

copy  in  annual  return,        ....  249 

express  business  not  authorized  by,     .          .  201 
terms,  approval  by  commissioners,      .          43,  202 

See  also  LEASE. 

operating  contract,  approval  of,     .  45,  201,  202 

annual  return  to  include  copy,    .          .          .  249 
switch   connection   to   secure   through   route 

may  be  ordered          .         .          .          .138 

rates,  conditions,  etc.,        ....  138 

CONSENT. 

to  crossings  over  or  under  railroad,         .          .  231 

to  grade  ciossings,        .....  18 

CONSOLIDATION   AND    SALE. 

approval  by  commissioners,  .          .  43,  199,  200 

bonds,  issue  for,  ......  201 

capital,  increase  for,      .....  201 

and  debt,  aggregate  of,  not  to  be  increased,  201 
dissenting  stockholders,  valuation  of  shares, 

etc., 199,  200 

exchange  of  securities  for  those  of  selling  or 

merged  company,        ....  201 

express  business  not  authorized  by,        .          .  201 

facilities  for  travel  not  diminished,          .          .  109 

fares,  not  to  increase,  .....  199 

limitation  of,        ......  199 

of  connecting,  intersecting,  etc.,  roads,    .          .  199 
by  authority  of  charter,     .          .          .          .199 

by  special  act,           .....  199 

powers  and  duties  after,         ....  201 

proceeds,  not  to  be  used  for  dividends  unless,    .  202 


INDEX   TO    STREET   RAILWAY    LAWS. 


341 


CONSOLIDATION  AND  SALE  —  Concluded, 
reduction  of  stock  upon  sale,          .          .          .       202 
terms,  approval  by  commissioners,  .  43,  199 

valuation  of  shares  of  dissenting  stockholders, 

etc., 199,  200 

vote  by  stockholders,  two-thirds,  approving,       199 

CONSTRUCTION. 

capital,  paid  in  before,  ....  184 

certificate  that  capital  subscribed,  etc.,  .  .  184 

corporate  powers  to  cease,  if,  .  .  184,  185 
limit  of  time  for,  ....  184,  185 

on  private  land 189,  190 

location  void  if,  in  eighteen  months,  .  184,  185 
manner  of,  conditions,  etc.,  .  .  •.  172,  173 
of  track  to  avoid  grade  crossings,  .  .  193,  231 
See  LOCATION,  etc.;  CORPORATE  POWERS. 

CONSTRUCTION   OF   ACT. 

continuation  of  existing  statutes,  etc.,     .          168,  251 

CONSTRUCTION   OF   STREETS. 

transportation  of  material,    .          .          .          .187 

CONTRACTS. 

leases,  etc.,  annual   return  to  contain,  etc.,  201, 

248,  249 

powers  of  company,  under,   ....  202 

for  operation,  time  limited,   ....  199 

conditions,  approval,  etc.,            .     43,  45,  199,  200 

See  also  LEASE. 

of  common  carriers  may  be  examined,    .          .  14 

may  compel  production  of,  etc.,           .          .  14 

witnesses  as  to,  compelled  to  attend,  .          .  14 
forms  of,  affecting  rates.     See  RATES. 
service  at  rates  in  certain,  no  discrimination, 

unless,       ......  116 

CORPORATE  FRANCHISE. 

taxation  upon,     ......       233 

additional  tax  if  dividends  exceed  eight  per 

cent 237,  238 

See  TAXATION. 

CORPORATE  MATTERS. 

In  General. 

companies  subject  to  parts  1  and  3,  .  .  169 
corporate  franchise,  taxation  of,  .  .  .  233 
corporate  name  regulated,  .  .  .  170,  246 

change  of,         ......       232 

dissolution  for  issue  of  stock,  etc.,  by  foreign,  202,  203 
dividends,  proceeds  of  sale  of  road  for,  .  .  202 

stock,  etc.,  dividends  prohibited,  .  .  227 
equity  jurisdiction  as  to,  .  .  .  .  250 
first  meeting  after  incorporation,  .  .  .  179 
foreign  corporations,  stock  held  by,  .  .  202 
formation,  manner  of,  ....  170 

gauge  to  be  of  standard  width,  .  .  .  170 
locations,  acceptance  ot,  .  .  173,  205, 206 

by  directors,     ......       184 

meetings,  manner  of  calling,  etc.,  .  .  179-182 
officers,  changes  in,  certificate  as  to,  to  be 

filed  with  commissioner  of  corporations,         56 
property,    realty    and    personalty;     limit    of 

holding 185,  186 

return  by  lessee  to  lessor,  annually,  .  .  249 
stockholding  in  another,  authority  for,  .  .  186 


CORPORATE   MATTERS  —  Continued. 

Agreement  of  Association. 

contents  of, 170,  246 

capital,  to  state,  ....         170,  246 

directors  to  be  subscribers,    .          .          .         170,  246 
fifteen  or  more  persons  to  sign,       .          .          .       170 
gauge,  to  state,    ......       170 

length,  to  set  forth,       .          .          .          .          .       170 

name,  to  set  forth,        .....       170 

par  value  of  shares,  to  state,  .          .          .       170 

publication  and  evidence  of,  ...       171 

where  published,   commissioners  may  des- 
ignate,      ......       171 

purchasers  from  receiver,  of,  .          .         245, 246 

route,  to  set  forth,         .....       170 

secretary     of     commonwealth,     to     be     filed 

with 178,  247 

subscribers  not  bound  to  pay  more  than  ten 

per  cent  unless,  .          .          .          .170 

termini,  to  set  forth 170,  246 

towns  and  cities,  to  state,      .          .          .         170,  246 


Bonds. 

issue  authorized;   purpose  of;   proceedings,    .  225 

abolition  of  grade  crossings,  for,     .          .          .  225 

amount  limited 227,  228 

approval  and  certification  of,          ...  228 

betterment  assessments,  paying  for,        .          .  225 

branches,  for,  issue,  when,     ....  225 

conditions  precedent  to,         ....  225 

consent  of  commissioners,      .          .          .         227,  228 

decision  within  thirty  days,         .          .          .  228 

consolidation,  for,          .....  201 

electricity,  furnishing  to  towns,  for,         .          .  225 

equity  jurisdiction  as  to,  application,      .          .  230 

penalty  for  wrongful  vote  or  issue,       .          .  230 

expert  investigation  of  cost  of  property,         .  2 
minimum  price  at  which  bonds  may  be  sold, 

commissioners  may  prescribe,       .          .  226 

may  modify  from  time  to  time,            .          .  226 

mortgages  to  secure  previous  issues,        .         225,  229 

pleasure  resorts,  for,     .....  225 

power    houses,    car    houses,    park    buildings, 

rolling  stock,  etc.,  for,          .          .          .  225 
premiums,  cash,  added  to  par  value  of   capi- 
tal in  computation,    .          .          .          .61 
proceeds,  application  of,         ....  228 
purchase,  in  case  of,  for,        ....  201 
savings    banks    may    invest    in,    when     [re- 
pealed]  247,248 

pledged  to  as  collateral  [repealed! ,      •          •  248 
secretary   of   commonwealth,    certificate  filed 

with 228 

sinking  fund,   may  require  establishment  of, 

etc., 226 

may  designate  a  Massachusetts  trust  com- 
pany as  trustee  of  fund,       .          .          .  226 
agreements    between    company    and    trust 
company  valid  when  approved  by  com- 
missioners,         .....  226 
stockholders  to  authorize,      ....  229 
working  capital,  issue  of  bonds  for,   amount 
not  to  exceed  five  per  cent  of  par  value 
of  capital  stock  outstanding,         .          .  226 
commissioners  to  determine  amount  of  bonds 

necessary 226,  227 

security  of  bonds  previously  issued  not  to  be 

unreasonably  reduced,          .          .          .  227 


342 


INDEX   TO    STREET   RAILWAY   LAWS. 


CORPORATE   MATTERS  —  Continued. 
Books  and  Accounts. 

directors  may  request  examination  of,    .          .  14 

examination  by  commissioners,      .          .          .  14 

by  request  of  directors,  etc.,       ...  14 

publication  in  Boston  daily  newspaper,    .  14 

penalty  for  refusal,   .....  16 

inspection  at  any  time  by  commissioners,         .  14 

list  of  stockholders,  access  to,                             .  16 
neglect  to  keep,  penalty  for, 

publication  of  statements,     ....  14 
stock  books,  to  be  kept  at  principal  office  in 

state, 182,  183 

submission  to  commissioners,         ...  14 

non-submission,  etc.,  penalty  for,        .          .  16 

uniform  system,  continuance  of,    .          .           14,  249 


By-laws. 

adoption  of,         •.          .          .          .          .          .179 

agents  or  officers,  may  determine  manner  of 

choosing,  ......  180 

business,  management  and  conduct  of,  may 

determine,           .....  179 

meetings,  to  prescribe  time  of,  .          .181 

to  fix  manner  of  calling,     ....  181 

may  determine  quorum,    ....  181 

stock  certificates,  signing,  to  prescribe  man- 
ner of,       182 

lost,  how  replaced,  may  determine,     .          .  183 

treasurer's  bond,  to  fix,          ....  179 

vacancies,  filling,  may  prescribe  manner  of,   .  180 

Capital  Stock. 

amount  required  per  mile,     ....  170 
assessment  on   shares;     collection;    liability; 

sales 183,  184 

certificate  of  payment  in,  filing  of,           .          .  184 

certificates,  each  stockholder  entitled  to,          .  182 

lost  or  destroyed,  replaced  when,         .          .  183 

bond  to  indemnify  company  against  loss,   .  183 

directors   to  determine   conditions   of   new 

issue, 183 

delivery  of  certificate  sufficient  to  transfer 

title, 182 

dividend  due  to  holder  of  record  until,          .  182 
new,   when   transferred  as   collateral   secu- 
rity if, 182 

not  to  issue  until  par  value  has  been  paid 

in  cash, 183 

provisions  as  to,        ....        182,  183 
shares,  number  of,  to  show,         .          .          .  182 
equity  jurisdiction  as  to,                 .          .          .  230 
foreign  corporations,  held  by,         .          .          .  202 
increase  authorized,      .....  225 
approval  of  commissioners,          .          .          .  225 
auction,  sale  at,  when,       ....  230 
commissioners  to  determine  amount    .          .  225 
cash  payment  for  new  shares,     .          .          .231 
certificate  for,  filed  with  secretary  of  com- 
monwealth,           228 

consolidation,  for;  limit,    ....  199 

expert  investigation  of  cost  of  property,       .  2 

grade  crossings,  for  abolition  of,           .          .  225 

market  value,  offered  for  not  less  than,        .  230 

new  shares,  stockholders  entitled  to,  .          .  230 

notice  to  stockholders  of,  .          .          .        230,  231 
par,  new  shares  for  not  less  than,         .          .231 

pleasure  resorts,  to  acquire,        ,          .          .  225 


CORPORATE    MATTERS  —  Continued. 

issue  of,  and  amount,  .          .          .          183,  227,  228 
approval  of  commissioners,          .          .          .  227 
certificate  of,  filing,  .....  228 
equitable  relief  as  to,  board  may  invoke,      .  230 
expert  investigation  of  cost  of  property,       .  2 
for  consolidation,       ....         199,  200 
on  domestic  franchises  regulated,          .          .  202 
preferred  stock,  authority  to  issue,          .          .  70 
subject  to  all  special  laws  governing  issue,  70 
certificates  to  include  by-law  or  vote  of  cor- 
poration authorizing  issue,             .          .  70 
issue  by  two-thirds  vote  of  common  stock- 
holders   228 

preferences,  rights,  restrictions  and  limita- 
tions to  be  approved  by  commissioners,  228 
shares  may  be  issued  in  lieu  of  outstanding 

common  shares,            ....  228 
aggregate  par  value  not  to  exceed  aggre- 
gate par  value  of  common  stock  ex- 
changed,     228 

classes  of,  to  be  designated  by  name  ap- 
proved by  commissioners,    .          .          .  228 
certified  copies  of  votes  creating  classes  to 

be  filed  with  commissioners,          .          .  228 

also  with  commissioner  of  corporations,    .  228 
each  certificate  to  contain   reference  to 
all  votes  and  description  of  preferences, 

etc 228,  229 

voting  power  of  stock,  limitations,  may  be 

approved  by  commissioners,          .           .  229 
aggregate  amount  not  to  exceed  twice  the 

amount  of  outstanding  common  stock,  229 
every  class  to  be  made  subordinate,  etc.,  to 

every  previously  created  class,      .          .  229 
shares  to  be  offered  first  to  common  stock- 
holders,       229 

shares    unsubscribed,    etc.,    to  be    offered 

existing  holders  of  preferred  stock,  etc.,  229 

remaining  shares  may  be  sold,  etc.,            .  229 
holders    of   preferred   stock   entitled   to    new 

shares  of  common  stock,  when,    .           .  229 
premiums,  cash,    added  to  par  value  of,  in 

computation,  when,  .          .          .          .  61 
price  of  new  shares,  commissioners  to  fix  [re- 
pealed],       230 

determined  by  stockholders,      ...  68 

not  less  than  par  value,          ...  68 
new  shares  to  be  offered  proportionately 

to  stockholders,           ....  68 

notice  to  stockholders  of  record,      .          .  68 
subscription  within  fifteen  days,  to  be  paid 

in  cash,     ......  68 

auction  sale,     ......  68 

approval  of  issue  by  commissioners,          .  68 
refused  if,   price   so   low  as  to  be  incon- 
sistent with  public  interest,             .          .  68 
proceeds,  application  of,     .          .          .         225,  230 
provisions  of  certain  sections  to  apply,          .  225 
subscriptions  for  shares,  time  for,         .          .  230 
par.  issue  for,  only,       .....  183 

value  to  be  one  hundred  dollars,          .         170,  246 

payment  in  before  certificate,         .          .          .  183 

before  incorporation,           ....  178 

construction,  before  beginning  of,         .          .  184 
directors  liable  till  paid  in,  etc.,            .          .  184 
penalty  for  wrongful  vote  or  issue,           .          .  230 
purchasers  from  receiver,  of,           ...  246 
reduction,  commissioners  may  authorize,          .  227 
certificate  of,  filing  with  secretary  of  com- 
monwealth,        .....  227 


INDEX   TO   STREET  RAILWAY   LAWS. 


343 


CORPOEATE   MATTERS  —  Continued. 

reduction,  directors'  liability,          .          .          .  227 
distribution  of  proceeds  regulated  by  com- 
missioners,         .....  227 
sale,  upon,  dividends  prohibited  unless,        .  202 
vote  of  stockholders  for,    ....  227 
stock  books,  to  be  kept  at  office  in  state,  .         182,  183 
competent  evidence  in  all  courts,         .          .  183 
equity  jurisdiction  to  enforce,     .          .          .  183 
officers  liable  for  refusal  or  neglect  to  ex- 
hibit   183 

stock  issued  only  for  cash,     .          .          .          .183 

transfer  of  shares;   record;   new  certificates,    .  182 
transferred  as  collateral  security,   certificate 

when 182 

pledgee  entitled  to,  when,           .          .          .  182 

pledgor  alone  liable  and  entitled  to  vote,     .  182 

working  capital,  issue  of  stock  or  bonds  for,   .  226 
amount  not  to  exceed  five  per  cent  of  par 

value  of  capital  stock  outstanding,        .  226 
commissioners    to    determine    amount    of 

bonds  necessary,         .          .          .        226,  227 
security  of  bonds  previously  issued  not  to 

be  unreasonably  reduced,    .          .          .  227 

Certificate  of  Incorporation. 

issue  by  secretary  of   commonwealth,   form, 

fee 178 

land  damages  to  be  secured,  .          .          .178 

of  purchaser  from  receiver,    ....  246 

organization  to  follow  issue,            .          .          .  179 

original  copy  to  be  evidence,          .          .          .  179 

preliminary  certificate  by  clerk  of  board,         .  178 

recording  with  agreement,  etc.,      .          .          .  178 

surrender  of,        ......  245 

Construction. 

See  LOCATION  AND  CONSTRUCTION. 

Corporate  Powers. 

See  below. 

Directors. 

abolition  of  crossings,  may  petition  for,  .         21 

acceptance  of  locations  by,  when,  .          .        185 

alteration  of  crossings,  may  petition  for,         .         18 

agreement  of  association,  to  publish,       .          .       171 

names  to  be  set  forth  in,   .          .          .          .       170 

number  to  be  named  in,     .          .          .          .       170 

subscribers  to  agreement,  to  be,  .          .       170 

annual  choice  by  stockholders,  by  ballot,         .       179 

books  and  finances,  may  request  examination,         14 

capital  stock,  duties  as  to,     .          .          .         183,  227 

increase  of,  duties  as  to,    .          .          .        230,  231 

penalty  for  wrongful  issue,          .          .          .       230 

personally  liable,  when,      .          .          .         184,  227 

reduction,  distribution  of  proceeds,      .          .       227 

clerk  and  treasurer,  to  appoint,      .          .          .       171 

construction,  preliminary  certificate  before,     .       184 

duties  and  powers  in  general,          .          .         171,  172 

annual  report  to  commissioners;  oath,         248,  249 

capital  stock,  duties  as  to,          .  183, 184,  227,  230 

liability  till  capital  paid  in,     .          .          .       184 

clerk,  temporary,  appointment  of,       .          .       171 

to  attest  proceedings,  etc.,       .          .          .       179 

of  company,  to  elect,      .          .          .          .179 

construction,  preliminary  certificate  before,       184 

first  meeting,  to  call,  ....       179 

treasurer,  to  elect,     .....       179 


CORPORATE  MATTERS  —  Continued. 

meetings  of,          ......  182 

may  be  within  or  without  commonwealth,    .  182 

waiver  of  notice,  filing  of,            ...  182 

organizations  purchasing  from  receiver,  of,    .  246 

personal  liability  until  payment  of  capital,       .  184 

capital  stock,  in  case  of  reduction  of,   .          .  227 

stock,  etc.,  dividends,  liability  as  to,       .          .  227 

stock  certificates,  to  determine,  conditions  of 

new  issue,           .          .          .          .  183 

stockholders,  to  be,  unless,    ....  179 

subscribers  to  agreement,  etc.,        .          .          170,  246 

treasurer,  to  appoint,   .....  179 

vacancies  among  officers,  to  fill,      .          .         171,  181 

Dissolution. 

for  issue  of  stock  by  foreign  owner,         .          .  202 

majority  of  stockholders  may  petition  for,       .  244 

supreme  or  superior  court,  jurisdiction,  .          .  245 

notice  and  hearing,  decree,    ....  244 

continuance  as  body  corporate,  three  years,   .  244 

suits,  prosecution  or  defence,  of,    .          .         244,  245 

jurisdiction  in  equity  to  appoint  receiver,         .  245 

receiver,  application  for,  rights,  duties,  .          .  245 

debts,  payments,  proof,  distribution,  etc.,    .  245 

balance  remaining,  distribution,  etc.,  .          .  245 

surrender  of  charter,  certificate,     .          .          .  245 

majority  of  stockholders  may  apply,  .          .  244 

publication  of  notice,         ....  245 

secretary  of  commonwealth,  duties,     .          .  245 

return  to  secretary  of  commonwealth,     .          .  245 

sale   of  railway  by  receiver,   rights  pass  to 

purchaser,  ....        245,  246 

municipal  liabilities  assumed,     .          .          .  246 

mortgagees,  rights  unimpaired,  .          .          .  246 

formation  of  new  company,  agreement,  etc.,  246 

name,  termini,  capital,  etc'.,    .          .          .  246 

certificate  of  incorporation,  recording,      246,  247 

powers  of  company  to  cease,  unless,          .  247 

Dividends. 

due  to  holder  of  record  until,          .          .         .  182 
exceeding    eight    per    cent,     additional     tax 

when 237,  238 

proceeds  of  sale  of  road  for,  ....  202 
prohibited  unless  stock  is  reduced,       .          .  202 
return  of,  to  tax  commissioner,      .          .          .  233 
stock  or  scrip,  etc.,  prohibited,       .          .          .  227 
directors  liable,  penalty  recovered  by  in- 
dictment,           .....  227 
not  liable  if  dissent  in  writing  is  filed,         .  227 
unclaimed,  publication  of  list,         .          .          .  183 

Foreign  Corporations. 

capital  stock  held  by,  .....  202 

issuing  stock  on  domestic  company,  dissolu- 
tion,          ......  202 

bonds,  issued  upon,  dissolution  unless,         .  202 

jurisdiction  in  equity  to  enforce,          .          .  202 

attorney-general  may  proceed,    .          .          .  202 

not  to  affect  prior  rights,  .          .          .        202,  203 


Location. 

establishment  of  corporation  to  follow,  . 
See  LOCATION  AND.  CONSTRUCTION. 

Meetings. 

annual,  time,  place,  fixed  by  by-laws,     . 
to  be  held  within  commonwealth, 


178 


181 
181 


344 


INDEX   TO    STREET   RAILWAY    LAWS. 


CORPORATE   MATTERS  —  Continued. 

annual,  notice  fixed  by  by-laws  unless,   .          .       181 
majority  in  interest  a  quorum  unless,            .       181 
purposes  of  meeting  to  be  stated,        .          .       181 
waiver  of  notice,        .         .          .          .          .181 
warrant  of  justice  of  peace  when,         .          .       181 
of  directors,  within  or  without  the  common- 
wealth,       182 

without  notice  when,          ....       182 
waiver  of  notice  to  be  filed,         .          .          .       182 
first,  calling  after  incorporation,     .          .          .       179 
manner  of  calling,     .....       179 
proxy  voting,  regulation  of,  .          .          .         181,  182 
special,  calling  by  clerk,         ....       181 
voting  by  stockholders,          .          .          .         181,  182 
by  persons  in  fiduciary  capacity,          .          .       182 
on   shares   of   company's   own   stock   pro- 
hibited,      181 


Mortgages, 
authorized;  purposes  of,        ....       225 

bonds  to  secure,  ......       225 

railroad  laws,  part  II.,  sections  48-56,  appli- 
cable,         .225 

receiver,  sale  by,  not  to  impair  powers  under,  245,  246 


Notes. 

coupon,  and  other  evidences  of  indebtedness,  227,  228 

consent  of  commissioners;  decision,         .  227,  228 

equity  jurisdiction  to  enforce,         .          .  .       230 

issue  authorized,           ....  227,  228 

limit  of  issue,       ......       229 

proceeds,  application  of,        .          .          .  .       228 

Officers. 

choice  or  appointment,  prescribed  by  by-la  wa, 

except,      ......       179 

changes  in,  certificate  to  commissioner  of  cor- 

porations, .....         56 

penalty  for  neglect,  .....         56 

clerk,  election  and  oath,        .          .          .         179,  180 

must  be  resident  of  commonwealth,      .  56,  179,  180 

penalty,        ......         56 

special  meetings,  to  call,    .          .          .          .181 

temporary  clerk,  appointment  and  duties,   .        171 

179,  180 

directors.     See  above. 

president,  choice  of,  by  directors,  .          .        179,  180 
director,  to  be  a,       .          .          .          .         179,  180 

treasurer,  election  and  bond,  .          .         179,  180 

bonds,  to  record  [repealed],         .          .          .  60,  61 
temporary  treasurer,  appointment  and  du- 
ties, 


171 


Organization. 

first  meeting  of  incorporators,  .  . 
notice  signed  by  majority  of  directors, 
recorded  on  records  of  company,  . 
waiver  of  notice  by  all  incorporators, 

by  adoption  of  by-laws,  .  .  •  . 
election  of  not  less  than  five  directors, 
temporary  clerk  to  attest  records  until, 

officers  to  be  chosen,  .... 
duties  of,  ..... 

of  purchasers  of  road  from  receiver,        . 


CORPORATE   MATTERS  —  Concluded. 
Returns. 

annually,  to  commissionera  ;  oath,  .  248,  249 

amendment  of  defective  or  erroneous,  .  17,  249 

blanks  to  be  furnished,  ...  17,  249 

system  prescribed  by  commissioners,  .  17,  248 

forms  to  conform  to  those  of  interstate  com- 

merce commission,  .  .  .  .  17 
contracts,  leases,  etc.,  to  contain,  .  .  249 

dividends  and  length  of  line,  of,  to  tax  com- 

missioner, .....  233 

earnings  and  length  of  track  to  assessors,  .  240 
form,  changes  in,  to  be  communicated  to 

companies,          .          .          .          .  .249 

lessee  to  make  returns  to  lessor,     .          .          .       249 

liable  to  lessor  for  failure,  .          .          .       249 

lessor  responsible  for  correctness,  .          .          .       249 

penalty  and  proceedings  for  neglect,        .          .       249 


tables  and  abstracts,  transmission  of, 


.  6,  249 


Stockholders. 

books  and  accounts,  may  request  examination 

of  ........  14 

bonds,  vote  for  issue  of,         ....  229 

capital  stock,  vote  for  reduction  of,         .          .  227 

proceeds,  distribution  among,     .          .          .  227 

consolidation  or  lease,  vote  for,      .          .         201,  202 

lists  of,  access  to,  by  commissioners,       .          .  16 
may  apply  to  supreme,  etc.,  court  as  to  stock 

and  bond  issues,          ....  230 

majority  to  approve  leases,   ....  202 

two-thirds  to  approve  consolidation  or  sale,  199 

two-thirds  to  approve  change  of  name,         .  232 

may  apply  for  surrender  of  charter,     .          .  245 

may  petition  for  dissolution,       .          .          .  244 

meetings  of,         ......  181 

new  shares,  entitled  to,          ....  230 

cash  payment  for,     .....  230 

notice  of,          ......  230 

special  meetings,  may  request,       .          .          .  181 

stock  certificate,  each  stockholder  entitled  to,  182 


votes  at  meetings, 


181,  182 


Taxation. 

corporate  franchise,  etc.,  tax.     See  TAXATION. 


CORPORATE  NAME. 
regulated, 

change  of,  etc 

See  NAME. 


170,  246 
232,  233 


CORPORATE  POWERS. 

authority  to  construct,  maintain  and  operate 

railway  ......         184,  185 

commissioners  may  extend  time,  after 

notice  and  hearing,  .  .  .  184,  185 
building  within  eighteen  months  or  powers 

to  cease  ......         184,  185 

certificate  that  due  diligence  has  been  exer- 

cised, etc.,  .....  185 
baggage,  freight,  express  matter,  may  con- 

vey, ......       189 

commissioners  to  approve  extent  of  use,  etc.,  189 
certificate  of  public  necessity  and  conven- 

ience .......       189 

consent  of  local  authorities  necessary,  .  189 

laws  as  to  common  carriers  to  apply,  .  189 


IISTDEX   TO    STREET   RAILWAY   LAWS. 


345 


CORPORATE  POWERS  —  Continued, 
baggage,  military  supplies,  may  transport,     187,  188 
milk  and  cream,  may  transport,  .          .       188 

regulations  and  restrictions,        .          .          .       189 
commissioners  to  approve,       .          .          .189 
United  States  mail,  may  carry,  .          .       187 

connecting  or  "missing  link"  locations,          .       185 
abuttera  notified  by  publication  or  other- 
wise,         .  •        .          •          •          •          •       185 
application  to  commissioners  within  thirty 

days  of  refusal,  etc.,    ....       185 
commissioners  may  enter  decree  granting  lo- 
cation, to  prescribe  appliances,  condi- 
ditions  and  obligations,        .          .          .       185 
filing    of    written    acceptance    of    location 

within  thirty  days,  or  void,       .          .       185 
notice  and  hearing,  to  local  authorities, 

etc., 185 

extension  of  authority  to  operate  in  adjoining 

towns,  etc.,         .....       185 

commissioners  to  certify  to  public  necessity 

and  convenience,          ....       185 

certificate   to   be    filed    with    secretary    of 

commonwealth,  ....       185 

general  laws  as  to  location,   construction, 

etc.,  to  apply,    .....       185 

gravel,  street  sweepings,  snow,  ice,  etc.,  may 

convey,     ......       187 

coal  and  other  supplies,  may  convey,  .       187 

consent  of  local  authorities,     •  .          .          .       187 
contracts  with  cities  and  towns,  for  trans- 
portation, may  make,  .          .          .187 
with  Massachusetts  highway  commission,       187 
material  for  construction,  grading,  repair- 
ing streets,          .....       187 

joint  use  of  tracks,  permission  for,  .          .       186 

commissioners  to  determine  extent  of  such 

use 186 

rules  and  regulations  fixed  by  commission- 
ers, .......       186 

may   purchase   necessary   real    and   personal 

estate 185,  186 

not  to  hold  stock  or  bonds  of  another  com- 
pany unless,        .....       186 
motive  power,  electricity,  or  other,  may  be 

used 186 

commissioners  to  determine,       .          .          .       186 
pleasure   resorts,    may   acquire,    hold,    main- 
tain, etc., 186 

admission  to  grounds  to  be  free,  .          .       186 

commissioners  to  approve  purchase,  etc.,       .       186 
intoxicating    liquors    not    to    be    sold    on    • 

grounds,    ......       186 

land  not  to  be  sold  without  approval  of 

commissioners,  .....       186 

stock  or  bonds  for,  issue  of,        .          .          .       225 
subject   to   restrictions    imposed    by    local 

authorities,         .....       186 

commissioners  to  approve,       .          .          .       186 
street  sprinkling  cars,  may  be  used  on  tracks,       187 
companies  may  contract  to  furnish  power, 

etc 187 

extent  of  use  regulated  by  commissioners,      .       187 
regulations  and  restrictions,  to  make,       .       187 

Receiver. 

appointment    of,    by    supreme    or    superior 

court 245 

sale,  etc.,  of  property  by  court'.s  order,  .        245,  246 
not  to  impair  mortgages,  ....       246 


CORPORATE   POWERS  —  Concluded. 

organization  upon  purchase  from,            .          .  246 

agreement  of  association,  record  of,     .          .  246 

subscribers  to,        .....  246 

capital  stock,  limit  of,        .          .          .          .  246 

organization  upon  purchase  from,  certificate 

of  incorporation,         ....  246 

cities  and  towns,  where  located,  to  be  given,  246, 
court  ordering  sale,  dates,  etc.,  .          .         245,  246 

directors,  number  and  names,     .          .          .  246 

failure  to  organize,  effect  of,                  .          .  247 

length  of  railway  to  be  given,     .          .          .  246 

name  to  be  assumed,          ....  246 

corporate  name  of  former  owner,     .          .  246 

rights  and  duties,      .....  246 

termini  to  be  stated,           ....  246 

to  pay  debts  and  distribute  surplus,        .          .  245 

CORPORATIONS. 

formation  of,  .          .          .          .          .170 

after  receiver's  sale,            ....  246 

See  CORPORATE  MATTERS. 
commissioner  of,  certificate  as  to  change  in 

officers  to  be  filed  with,       ...  56 

COUNTY  COMMISSIONERS. 

appeal  to,  as  to  local  valuations,   .          .          .  236 
powers  of,  exercised  by  selectmen  when,          .  193 
decision,  necessity,  in  alteration  crossing  pro- 
ceedings, ......  18 

commissioners  to  act  as,  in  Boston,  alteration 

of  crossings,       .....  19 


COUPON  BONDS. 

or  registered, 


COUPON  NOTES. 

issue  of, 


225 


227,  228 


COURT.     See     SUPREME     JUDICIAL     COURT; 
SUPERIOR  COURT. 

CREAM  AND  MILK. 

transportation  of,         ..... 


188 


CRIMES  BT  AND  AGAINST. 

accommodations,  neglect  of,  ...      218 

annual  returns,  neglect  to  make,  .          .          .      249 
books,  neglect  as  to,    .          .          .          .          .         16 

bridge  guards,  non-erection  of,      .          .          .       212 
capital  stock  or  bonds,  for  wrongful  issue,       .      230 
children,  allowing  sales  by,   ....      214 

crossings,  stopping  of  cars  at,         ...       213 
disorderly  conduct  on  cars,   ....       214 

divulging  information,  when,         ...          14 
electricity,  unlawful  use  or  diversion  of,         203,  204 
employees,  assault  upon,       ....         43 

loss  of  life  of,    .          .          .          .          .          .40 

obstructions  by,         .          .          .          .          .214 

platform  enclosure,  neglect  of,    .          .          .       217 
equitable  remedies  against,   ....       249 

attorney-general  to  proceed,  when,      .          .      249 

petitions  of  municipal  authorities  for,  .       249 

expectoration  in  cars,  stations,  etc.,         .          .       154 

explosives,  placing  on  tracks,          .          .          .       214 

fares,  evasion  of,  .....         42 

school  pupils,  refusal  of  half  rates,  to,         219,  220 
heating  cars,  neglect  of,         ....      216 

injury  to  block  signals,          ....        42 


346 


INDEX   TO   STREET   RAILWAY   LAWS. 


CRIMES   BY  AND   AGAINST  —  Concluded. 

life,  endangering,  by  obstruction  of  tracks,       .       214 

loss  of,  recovery,  .....  40,  41 
loitering  in  stations,  .....  214 
loss  of  life,  negligently  causing,  ...  40 
missiles,  throwing,  at  cars,  etc.,  ...  43 
passes,  as  to,  .  .  .  .  .  219 

non-removal  of  tracks  on  revocation,  .  .  207 
platforms,  failure  to  enclose,  .  .  .  217 

poles  or  wires,  destruction  of,  .  .  198,  199 
regulations  as  to  speed,  etc.,  violation  of,  .  209 
signals,  injury  to,  .....  42 
streets,  or  cars  of  other  railways,  obstruction 

of 213,  214 

tracks,  obstruction  of,  endangering  life,          .       214 

use  of,  neglect  of  regulations,     .          .          .       209 
transfers,  misuse  of,      .          .          .          .          .       225 
ways,  use  of,  regulations;  penalty,          .          .       209 
See  PENALTY. 

CROSSINGS. 

In  General. 

of  steam  railroads,  regulated,         .          .  18, 213 

overhead  structures,  consent  of  commissioners,       231 

over  or  under  ways,  consent  to,     .          .          .86 

aldermen  or  selectmen  may  authorize,          .       231 

Massachusetts    highway    commission    may 

authorize,  ' .  .  .  .  .231 
on  ways,  authorization,  ....  231 
stopping  cars  within  one  hundred  feet  of,  .  213 
private  tracks,  commissioners  may  suspend 

requirement,  when,     ....       213 
branch,  spur  or  siding  of  railroad,  commission- 
ers may  suspend,  when,       .          .          .       213 

Abolition  of  Crossings. 

directors  may  petition  for,    ....         20 

appointment  of  special  commission,        .          .  21,  22 

members  of  commission  may  be  appointed,         22 

auditor,  appointment,  duties,         .          .          .27, 28 

companies  to  be  made  parties,        ...         22 

contribution  toward  cost,  provisions  as  to,      .  22-24 

costs,  taxing  of,  etc.,     .....         22 

plans,  cost  of,  discretion  to  allow,        .          .         22 

expense,  of  changing  track  included  in  cost,         23 

assessment  of,  upon  companies,  .          .  22,  23 

right  of  appeal  for  revision,        ...         23 

commonwealth  not  to  be  assessed  when,       .         23 

additional  assessment  on  companies,         .         23 

reimbursement,   if   locations   are   changed, 

etc 23 

amount  to   be    ascertained    by  commis- 
sioners,     ......         23 

expenditure  of,  commissioners  to  approve,         23 
highway,  expense  of,  to  contribute,  when,        .         23 
reimbursement,  when,  how  expended,           .         23 
location  and  grades,  changes  in,  determina- 
tion,   24 

decree  of  court  to  establish,         ...         24 
equity  jurisdiction  to  enforce,     ...         29 
or  avoidance  of,  approval  of  commissioners, 

when 193,231 

companies  considered  railroad  corporations, 

when 193 

party  to,  may  petition,          ....         22 

payments  by  commonwealth,  etc.,  .          .         31 

purchase  of  land  for,    .          .          .          .          .231 

description  to  be  filed,        .          .          .          .231 

track  outside  way,  construction,          .          .       231 

within  limits  of  way,  when,     .          .          .       231 


CROSSINGS  —  Concluded. 

report  of  commissioners;   approval,       .          .  31 

stock  or  bonds  for,        ....  24 

transfers  to  loan,  etc.,  ....  32 

valuation    of    property,    assessment    deemed 

part, 24 

payment  of  assessment,  stock  or  bonds  for,  24 

Alteration  of  Crossings. 

award,  street  railways  included,  etc.,       .          .          18 
county  commissioners  to  decide  as  to  neces- 
sity  18 

in  Boston,  commissioners  to  act,          .          .         18 
cost,  percentage  of,       .....  18,  19 

expense,  recovery  of  proportion  of,          .          .         20 
may  ask  for  commission,       ....         20 

neglect;    remedy;    action  of  contract,  to  re- 
cover,       ......         20 

special  commission,  appointment  of,       .          .        20 
one  member  selected  from  commission,         .        20 
shall  make  award,     .....         20 

revision  of  award,  application,  etc.,     .          .         20 

equity  jurisdiction  to  enforce,     .          .          .20 

to  share  expense  of  bridge,    ....  18-20 

as  to  approaches,  etc.,        .          .          .          .  19,  20 

Grade  Crossings. 

of  railroads,  commissioners  to  consent,  .  .  18 
cars  stopped  within  one  hundred  feet  of,  .  213 
conditions  and  restrictions  as  to,  .  .  18 
regulations  as  to,  .  .  .  18, 213 

of  highways,         .          .          .          .          .          .193 

proceedings  for  abolition,  ....       193 

companies  considered  railroad  corporations,       193 

abolition  or  avoidance,  land  takings  for,  .  .  231 
aldermen  or  selectmen  to  approve,  .  .  231 
commissioners  to  approve,  .  .  .231 
plan,  notice,  hearing,  etc.,  .  .  .  231 
purchase  of  land  for,  .  .  .  .231 
land  of  railroad  or  other  street  railway 

taken 231 

commissioners  to  adjudicate,  .          .          .       231 
deed  and  plan  to  be  filed,  .          .          .231 

damages,  railroad  law  to  apply,  .          .231 

private  land  location,  for  avoiding,  .          .231 


COUNSEL. 

commission  may  appoint, 

duties,  etc., 

free  transportation,  when, 


D. 


DAMAGES. 

for  defective  bridges,  liability,  etc., 
for  defective  ways, 
for  land  taking,  etc.,     . 
for  loss  of  life  through  negligence, 
liability  for,  employer's,    . 


7 

7,  250 
124 


.  212 
.  212 
76-83,  193 
.  40-42 
102-108 


DEATH. 

employees,    from    negligence,  recovery  by, 

when,        .          .    ,     .  .          .  .  40-42 
executor,  etc.,  to  sue  for,  ....  40,  41 

limitation  of  actions,  etc.,  .          .  .  40,41 

parties  beneficially  entitled,  .          .  .  40, 41 

from  negligence,  recovery  for,  .          .  .  40, 41 

due  care  prerequisite,         .  .          .  .  40, 41 


INDEX   TO    STREET   RAILWAY    LAWS. 


347 


DEBTS. 

to  be  paid  by  receiver,  etc., 


245 


DEED  AND  PLAN. 

filing,  abolition  crossings, 

DEFECTIVE  RETURNS. 

amendment  of,     . 


17,  249 


DEFINITIONS. 

street  cars,  as  to  platforms,  .          .          .         216,  217 
board  of  aldermen,  extension,  location,  orig- 
inal,  public   way,    railway,    selectmen, 

street  railway,   .....  169 

railroads  and  railways,           ...           48,  169 

DIRECTORS. 

acceptance  of  locations  by,    ....  185 

agreement  of  association,  to  publish,       .          .  171 

number  to  be  set  forth  in,            ...  170 

abolition  of  crossings,  may  petition  for,            .  21 

alteration  of  crossings,  may  petition  for,          ,  18 

annual  choice  by  ballot,         ....  179 

books  and  finances,  may  request  examination,  14 


capital  stock,  duties  as  to,     . 
penalty  for  wrongful  issue, 
personally  liable,  when, 
increase,  duties  as  to, 


183,  227,  230,  231 

.       230 

184,  227 

227 


reduction,  distribution  of  proceeds,      .          .  227 

clerk  and  treasurer,  to  appoint,      .          .         .  171 

construction,  preliminary  certificate  before,      .  184 
duties  and  powers  in  general,          .          .         171,  172 

annual  return  to  commissioners,    .         .          .  248 

first  meeting,  to  call,    .....  179 

liable  until  capital  is  paid  in,          .          ,         .  184 

when  capital  is  reduced,    ....  227 

meetings  of,         ......  182 

officers,  to  elect,            .....  179 

organizations  purchasing  from  receiver,  of,      .  246 

president  to  be  a  director,     ....  179 

return,  annual,  to  commissioners,  .          .          .  248 
subscribers  to  agreement,  etc.,        .          .         170,  246 
stock  certificates,  to  determine  conditions  of 

new  issue,           .....  183 

stock  dividends,  liability  as  to,        .          .          .  227 

stockholders,  to  be,  unless,     ....  179 

vacancies  among  officers,  to  fill,       .          .        171,181 
See  CORPORATE  MATTERS. 

DIRT. 

transportation  of,          .....  187 

DISCONTINUANCE. 

may  be  ordered  temporarily,            .          .          .  211 

track  removal  upon,  etc.,      ....  210 

ways,  of,  city  or  town  not  liable  for,       .          .  210 

repairs  on,         ......  211 

discrimination,  service  under  certain  contracts 

not  to  constitute,  unless,  .          .          .116 

DISORDERLY  CONDUCT. 

in  public  conveyances,            ....  214 

DISSOLUTION. 

for  issue  of  stock  by  foreign  owner,         .        202,  203 

of  companies,  petition,  etc.,             .          .          .  244 
See  CORPORATE  MATTERS. 


DISTRICT  POLICE. 

explosives,  transportation,  jurisdiction  trans- 
ferred to, 133 

to  enforce  laws  as  to  car  heating,  .          .          .  216 
to  enforce  weekly  payment  law,     .          .          .114 

DIVIDENDS. 

due  to  holder  of  record  until,          .          .          .  182 
exceeding    eight     per    cent,    additional    tax 

when, 238 

proceeds  of  sale  of  road  for,     ....  202 
prohibited  unless  stock  is  reduced,         .          .  202 
return  of,  to  tax  commissioner,         .          .          .  233 
stock,  etc.,  prohibited,             ....  227 
directors  liable,   penalty  recovered  by   in- 
dictment,               227 

not  liable  if  dissent  in  writing  is  filed,       .  227 
unclaimed,  publication  of  list,        .          .          .  183 
West  End  Street  Railway  Company,  of  [re- 
pealed],       247 


DOMESTIC  CORPORATIONS. 

stock  held  by  foreign,   .          .          . 
issue  of  stock  upon,  dissolution, 

DUE  CARE. 

prerequisite,  injuries,  etc., 


202,  203 
202,  203 


DUTIES. 

directors.    See  DIRECTORS. 

inspectors,  of,       . 

lessees,  of,  . 

purchases  from  receiver,  of, 

street  railways  after  consolidation,  of, 

E. 

EJECTION. 

from  cars,  for  evasion  of  fares, 


40,41 


36 
202 
246 
201 


.  35,  42 


ELECTRICITY. 

cities  and  towns  may  furnish,  when,       .  .  203 

not  to  manufacture  for  operation  of  cars,  .  203 

motive  power  for  cars,  .          .          .  .186 

towns  may  purchase,  when,            .          .  .  203 

commissioners  to  approve  terms,          .  .  203 

contracts  limited  to  ten  years,    .          .  .  203 

delivery  for  distribution  of,         ...  203 

manner  of  distribution  fixed  by  commissioners,  204 

meters  to  be  part  of  distributing  system,  .  204 

municipal  lighting  laws,  to  apply  when,  203,  204 

price,  commissioners  to  fix  if  disagreement,  .  204 

selectmen,  application  to  commissioners,  .  204 

Transmission  of. 

construction  of  lines  on  public  ways,  under 

water,  etc  ......       194 

locations  granted  by  local  authorities,  petition, 

hearing,  etc.,      .....       194 

increase  in  number  of  poles,  wires,  etc.,          194,  195 
order  granting  increase  to  be  recorded,  etc., .       195 
attachment  of  wires  to  poles,  piers  and  abut- 
ments of  another  owner,  when,    .          195,  196 
marking  of  poles,  piers,  abutments,  etc.,  .       196 

cutting  of  wires,  notice,  etc.,  .          .         196,  197 

insulation  of  poles,  warning,  etc.,  .          .          .       196 
ordinances,  regulations,  etc.,  to  be  approved 

by  commissioners,       .          .          .          ,       197 


348 


INDEX   TO    STREET   RAILWAY   LAWS. 


ELECTRICITY  —  Concluded. 

commissioners  may  grant  location  upon  re- 
fusal or  neglect  of  local  authorities,  .  197 

hearing,  order,  etc.,  copy  to  clerk  of  cities  or 

towns, 197,  198 

unlawful  diversion  of  electricity,  penalty,  etc.,       198 

destruction  of  meter,  pipe,  wire,  line,  pole, 

etc., 198,  199 


ELEVATED  RAILWAY. 

petition  for  charter  to  general  court, 


50 


EMERGENCY  TOOLS. 

equipment     with,     commissioners     may     re- 

quire ......        214,  215 

EMINENT  DOMAIN. 

land  taking  by,    ......       192 

companies     considered     railroad     corpora- 

tions, when,       .....       193 

limitation,         ......       193 

subject  to  railroad  laws,        ....       193 

See  PRIVATE  LAND. 

EMPLOYEES. 

assaults  upon;  penalty,          ....        43 

bond  not  required  of,   .          .          .          .          .113 

complaints  by;  secrecy  of,     .          .          .          .          13 

day's  work  for,    ....          112,  113,  217 

holidays,  etc.,  exceptions,  .          .          .       217 

rest,  one  day  in  seven,        .          .          .         1  12,  1  13 

death  from  negligence,  recovery  by,  when,         .  40-42 

executor,  etc.,  to  sue  for,  .          .          .  40,  41 

limitation  of  actions,  etc.,  .          ,          .40,41 

parties  beneficially  entitled,         .          .          .  40,  41 

employers'  liability,  etc.,       .          .          .         103-108 

free  or  reduced  transportation,       .          .          .      116 

obstructions  by,  ......       214 

platform  enclosure,  neglect  of,        .          .        216,  217 
recommendation  by  public  officers,          .          .113 
relief  societies,  report  to  commission,  etc.,        .         33 
weekly  payment  of,      .          .          .          .  114 

See  Index  to  Railroad  Laws,  EMPLOYEES. 

EMPLOYERS'  LIABILITY. 

provisions  as  to,  .          .          .          .         103-108 


ENFORCEMENT  OP  LAWS. 

by  commissioners,         .. 
by  courts,  equity  jurisdiction, 


8 
250 


ENTRY. 

on  premises  of  common  carriers,  etc.,      .          .  36 

EQUIPMENT. 

In  General. 

block  signals,  installation  of,           ...  8 

equity  jurisdiction  to  enforce,     ...  8 
brakes,  equipment  with,  commissioners  may 

require,     ......  214 

bridge  guards,  to  erect,          ....  212 

emergency  tools,  equipment  with,  commission- 
ers may  require,          ....  214 

fenders  and  wheelguards,  equipment  with,       .  214 

heating  of  cars  required,        ....  216 

motive  power,  commissioners  to  decide,           .  186 

steam,  not  permitted,         ....  186 

of  common  carriers,  inquiry  into,   .          .         127,  128 

inspection  of,  etc.,           ....  36 


EQUIPMENT  —  Concluded. 

Rolling  Stock. 

attachment  of,  restrictions  as  to,    .          .          .  38 

void  unless  other  property  first  demanded,  38 

conditional  sale  of,        .....  37,  38 

acknowledgment,  recording,  fee,           .          .  37,  38 

general  laws  not  to  apply,            ...  38 

name  of  owner,  etc.,  to  bear,      ...  38 

payment  of  price,  record,  fee,     ...  38 

car  heating,  neglect,      .....  216 

inspection  of,       ......  36 

number  and  routes  of  cars,  regulated,     .          .  209 

obstruction  of  cars  by  other  railways,     .          .  214 

stations,  and,  suggestions  as  to,      .          .          .  12 

Waiting  Rooms. 

commissioners  may  supervise,  ...  12 
complaints  by  local  authorities,  .  .  13 

EQUITABLE       RELIEF.         See       SUPREME 
JUDICIAL  COURT;  SUPERIOR  COURT. 

EQUITY   JURISDICTION.         See    SUPREME 
JUDICIAL  COURT;  SUPERIOR  COURT. 

ERRONEOUS  RETURNS. 

amendment  of,    .          .          .          .          .         17,  249 

ESTABLISHMENT  OF   CORPORATION. 

to  follow  location,         .....       178 

EVASION. 

of  fares;  penalty,          .....        42 

passenger  may  be  ejected  for,         .          .  .  35,  42 

may  be  arrested  by  street  railway  police,     .         35 

EVIDENCE. 

at  inquests,  verbatim  report  for  commissioners,  39,  40 
expenses  of,  approval,  etc.,  ...  40 
fees,  etc.,  at,  ......'  40 

EXAMINATION. 

into  complaints  by  commissioners,  when,  9, 10, 13, 118 
of  books  and  accounts  by  commissioners,          .         14 

See  BOOKS  AND  ACCOUNTS. 

of  bridges,  by  experts,  ....         37 

of  relief  societies,  etc.,  by  commissioners,         .         33 

EXAMINATIONS. 

at  inquests;  direction  by  inspectors,       .          .        36 

EXCISE  TAX. 

on  earnings  of  roads,    ....  240,  241 

application  to  repairs,  etc.,  of  ways,    .  243,  244 

payable  to  cities  and  towns,       .          .  243,  244 

revision  of,  by  commissioners,    .          .  .       241 

See  TAXATION. 

EXECUTOR. 

to  sue  for  damages,  death  of  employees,  .         40 

may  vote  on  stock  held  by  him,     .          .          .       182 

EXEMPTION. 

from  local  taxation,  when,     ....       239 

See  TAXATION. 
Boston  Elevated  railway,  as  to  school  fares,       220 


EXPECTORATION. 

in  cars,  waiting  rooms,  etc., 


154,  155 


INDEX   TO   STREET   RAILWAY   LAWS. 


349 


EXPERTS. 

employment  by  commissioners, 
exemption  from  civil  service, 
to  examine  bridges, 
to  make  appraisals  of  property, 
free  transportation  of,  etc.,  . 


2-5 

4 

37 

2 

124 


EXPLOSIVES. 

carrying,  regulated,  .....  133 
placing,  on  tracks  prohibited,  .  .  .  214 
transportation  of,  under  jurisdiction  of  district 

police 133 

EXPRESS  BUSINESS. 

authority  defined,  .....  189 
commissioners  to  approve,  ....  189 
petition  to  commissioners,  when,  .  .  188,  189 
not  authorized  by  consolidation  or  lease,  201,  202 
See  CORPORATE  POWERS. 

EXPRESS  COMPANIES. 

supervision  of,  by  commissioners,  .          .         10 

operating  on  railroads,  street  railways,   etc. 

See  Index  to  Railroad  Laws,  EXPRESS 

COMPANIES. 

EXTENSION. 

definition,  .......       169 

EXTENSION  OF  FRANCHISE. 

into  adjoining  towns,  .....  185 
certificate,  filing  with  secretary,  .  .  .  185 

EXTENSION  OF  TIME. 

for  constructing  and  operating,  etc.,  railway,   184,  185 
See  CORPORATE  POWERS. 

EXTENSIONS. 

adjacent  cities  and  towns,  in,  .  185 

bonds  for,  .......  225 

connecting  cities,  etc.  (connecting  location),    .  185 

application  to  commissioners,  hearing,          .  185 

location,  granting,  conditions,     .          .          .  185 

local  extension,  approval  of,  ...  204 

petition,  hearing,  notice,    ....  204 

See   LOCATION   AND   CONSTRUCTION;   CORPO- 
RATE POWERS. 


F. 


FACILITIES. 

not  diminished  by  consolidation,    . 
or  by  lease,       .... 

FARES. 

changes,  commissioners  to  suggest, 

hearing  on  proposed, 
charter  limitations  of,  as  to, 
commutation  checks,  (footnote),    . 
consolidation  not  to  increase, 
establishment  of,  .          . 

evasion  of;  penalty, 

ejection  from  cars,  for  evasion,  , 
Just  and  reasonable,  to  be,     . 
leased  roads,  on,  not  increased, 
legislature  may  revise, 
passes,  issue  of,  regulated,     . 
purchase  of  property  of,  provisos, 
regulated  as  on  railroads,       .          . 
regulation  after  hearing, 


199 
202 


12 

117,  118 
.  218 
.  219 
199,  202 
.  218 
42 

.  35,  42 
116 

.       202 

116,224 

219 

201 

116:  224 
118 


FARES  —  Concluded. 

school  pupils,  half  rates  for,           .          .         219, 220 
penalty  for  refusal,   .....       220 
Boston    Elevated    Railway    Company,    ex- 
empted,      220 

transfers,  regulated,  discontinuance  of,  .          .       224 
misuse  of;  penalty,    .....       225 
workingmen's  rates,      .....       219 
for     public     service     commission     law.     See 
CHARGES;  RATES. 

FEES. 

at  inquests,  ......         40 

of  street  railway  police,          ....         36 

of  witnesses  summoned  by  commissioners    in 

proceedings,       .....          17 

FENDERS. 

equipment  of  cars  with,         ....       214 

requirement  by  commissioners,       .          .         214, 215 

rules  as  to, 214, 215 

FIDUCIARY  STOCKHOLDERS. 

voting  by, 182 

FIREMEN. 

free  or  reduced  rate,  while  in  uniform,    .     -    .       124 

FOREIGN  CORPORATIONS. 

capital  stock  held  by,  .          .          .          .  202, 203 
issuing  stock  on  domestic  company,  dissolu- 
tion,             202,  203 

bonds,  issued  upon,  dissolution  unless,  202,  203 

jurisdiction  in  equity  to  enforce,  .  202,  203 

attorney-general  may  proceed,  .  202, 203 

not  to  affect  prior  rights,       .          .          .  202, 203 

FORFEITURE  OF  CHARTER. 

for    stock    issue    by    foreign    corporation    on 

domestic  franchise,      ....       202 

FORM. 

of  accounts  of  common  carriers,  classification, 

etc., 17 

accounts  to  be  kept  in  accordance  with,  .          17 

to  conform  to  interstate  commerce  commis- 
sion, .......  17 

of  returns  to  commissioners,  blanks,  changes 

in,  etc 17,  249 

FORMATION. 

of  corporations.     See  CORPORATE  MATTERS. 

after  receiver's  sale,  .          .          .        245, 246 

FRANCHISE.      See    CORPORATE    FRANCHISE; 
EXTENSION  OP  FRANCHISE. 

FRANCHISE  TAX.     See  TAXATION. 


FREE  CHECKS. 

withdrawal  of,  regulated, 
commissioners  to  approve, 

FREE  TRANSFERS. 

withdrawal  of,  regulated, 
commissioner  to  approve. 


224 
224 


224 
224 


350 


INDEX   TO    STREET   RAILWAY    LAWS. 


FREE  TRANSPORTATION. 

of  passengers  or  property,  prohibited,       .          .  124 

exceptions,        ....••  124 
for  charitable  purposes,   to  be  approved  by 

commission,        .          .          .          •          «  124 

to  certain  persons,  when,       ....  124 


FREIGHT. 

street  railways,  common  carriers  of, 
See  CORPORATE  POWERS. 


G. 

GAUGE. 

to  be  of  standard  width, 

to  be  named  in  agreement  of  association, 

GENERAL  COURT.     See  LEGISLATURE. 

GENERAL  LAW. 

organization  under,       .... 

GRADE  CROSSINGS.     See  CROSSINGS. 

GRADING  STREETS. 

transportation  of  material,    . 

GRAVEL 

transportation  of,  etc., 

See  CORPORATE  POWERS. 


189 


170 
170 


169-179 


187 


187 


GUARDIAN. 

may  vote  on  stock  held  by  him,    . 

GUARDS  ON  BRIDGES. 

to  be  erected,  neglect,  penalty, 

H. 

HEADLIGHTS. 

equipment  of  cars  with, 
commissioners  may  require. 


.       182 
212 


214,  215 
214,  215 


HEARINGS.  See  under  various  Titles  for 
public  service  commission  law  as  to. 
See  Index  to  Railroad  Laws,  HEARINGS. 

HEATING. 

car,  commissioners  to  require,         .          .          .  216 

neglect  of,         ......  216 

rules  as  to,  .  .  .  .  •  216 

district  police  to  enforce,        ....  216 

HIGHWAY  ASSESSMENTS. 

issue  of  stock  for,  .....       225 

HIGHWAY  COMMISSION,  STATE. 

consent  to  opening  highways  for  railways,      208,  209 

contracts  with,  for  transporting  material,         .  187 

locations  to  be  indicated  by,  when,          .          .  208 
may  authorize   structures,  to   avoid  railroad 

crossing,    ......  231 

may  extend,  alter,  revoke  locations,        .          .  208 

supervision  of  maintenance,  repairs,  etc  ,         .  209 
See  STATE  HIGHWAYS. 

HIGHWAYS. 

alteration  of,  liability  for  expense,    .        .          .  207 

defects  in,  company  liable,  when,     .        .          -  212 

grade  crossings  of,  proceedings  for  abolition,  193 


HIGHWAYS  —  Concluded. 

state,  locations  in,  etc.,  ....       208 

taken  up,  cities  and  towns  not  liable,  etc.,  206,  207 
widening  for  street  railways,  expense,     .          .       207 
See  WAYS;  STATE  HIGHWAYS. 

HOURS  OF  LABOR. 

not  to  exceed  ten,  etc.  [repealed],  .          .          .       217 
amended  not  to  exceed  nine,  .          .          .       218 

to  be  performed  within  eleven  consecutive 

hours, 218 

employee  may  work  added  hours  for  extra 

compensation,    .          .          .          .          .218 
officer  or  agent  of  company  not  to  require 

more  than  nine  hours'  work;  penalty,  .  218 
extra  labor  on  holidays,  etc.,  .  .  .  217 
rest,  one  day  in  seven,  .  .  .  112,  113 


ICE. 

transportation  of,          .....       187 
See  CORPORATE  POWERS. 

IMPROVEMENTS. 

commissioners  to  sugge'st,      ....         12 

INCORPORATION. 

certificate  of,  form,  fee,          .          .  .  178,  179 

for  purchasers  at  receiver's  sale,  .  .       246 

petition  for,  to  general  court,          .  .  .  50,  51 

publication  and  deposit  of  petition,  .  .  50,  51 

transmission  to  general  court,         .  .  .  50,  51 

See  CORPORATE  MATTERS. 

INCREASE. 

of  capital  stock,  approval,  etc.,        225,  226,  228,  230 
See  CORPORATE  MATTERS. 


INFORMATION. 

to  be  furnished  commissioners, 

INJURIES,  LIABILITY  FOR. 

death  from  negligence,  recovery  for, 

due  care  prerequisite, 

employees,  recovery  by,  when, 

executor,  etc.,  to  sue  for,  . 

limitation  of  actions,  etc., 

parties  beneficially  entitled, 
negligence  as  to  tracks,  repairs,  etc.,  for, 

action,  notice,  etc.,   .          .          .          . 

loss  of  life  from,         .          .          .          . 
recovery  over  by  town  against, 

costs  recoverable  by  town,  when, 
state  highways,  on,       . 
Sunday  law  no  defence, 


INQUESTS. 

on  street  railway  accidents,  . 
inspectors  to  attend,     . 
verbatim  report  to  commissioners, 
bill  for,  approval,  etc., 


.  13,  14 


.  40-42 

.  40,41 

.  40-42 

.  40,  41 

.  40,  41 

40 

212 

.  212 
.  40-^2 
.  212 
.  212 
.  211 
136,  137 


INSPECTION. 

of  books,  etc.,  at  any  time,    . 
of  roads,  recommendations  upon, 
of  rolling  stock,   . 


.  39,  40 
36 

.  39,  40 
.  39,  40 


14,16 
36 
36 


INDEX   TO   STREET   RAILWAY    LAWS. 


351 


INSPECTORS. 

appointment  by  commissioners,     ...  2 

direction  of  examinations  by,         ...  36 

free  transportation,  when,     ....  124 

inspection  of  rolling  stock,  etc.,      ...  36 
investigate  accidents,  to,                 .          .          .36 

reports  to  commissioners,      ....  36 

witnesses,  summoning,           ....  36 

INSTITUTIONS. 

state,  location  on  land  of,  forbidden,       .          .  173 

INTERESTED  PARTY. 

appeal  by,  as  to  express  transportation,            .  189 

INTOXICATING  LIQUORS. 

transportation  of,  prohibited,          .          .          .  132 

certain  street  railway  companies  exccpted,       .  132 
marking  of  packages,  delivery,  etc.,         .          .132 

record  of  receipt,  etc.,  to  be  kept,            .          .  133 

INVESTIGATION. 

of  accidents,         ......  13 

of  proposed  relief  societies,    ....  33 

inquiry    into    regulations,    practices,    equip- 
ment, service,  etc.,      .          .          .          .  9,  10 

action   if  unjust,   unreasonable,   unsafe,   im- 
proper or  inadequate,           .          .          .  9,  10 
of  valuation  of  property  of  common  carriers,  16 
of  rates.     See  RATES. 

ISSUE. 

of  bonds.     See  BONDS. 

approval  of  commissioners,  .  .  .  225 
of  capital  stock;  amount,  .  225,  226,  227,  230 

on  domestic  franchises  regulated,  .  .  202 
of  charters,  .....  178,  179 
See  CORPORATE  MATTERS. 


J. 


JOINT  USE  OF  TRACKS. 

by  connecting  companies,       .... 
rules  and  regulations  determined  by  commis- 
sioners,     ..... 

commissioners  may  order  conveyance  of  cars 
by  connecting  companies,    .          . 

operating  company  to  have  full  control  of  car, 

Joint  rates,  fares  and  charges  may  be  recom- 
mended,   ...... 

supreme   judicial   and  superior  courts,   juris- 
diction in  equity  to  enforce, 

of  railroad  tracks  with  consent  of  corporation, 
when,        ...... 

commissioners  to  approve  or  preserve  regu- 
lations,     ...... 

connection  of  tracks  as  agreed  upon  and  ap- 
proved,     ...... 

for  through  route,  switch  connections,  etc.,     . 
See  also  CONNECTING  ROADS. 

JURISDICTION  IN  EQUITY.  See  SU- 
PREME JUDICIAL  COURT;  SUPERIOR 
COURT. 


186 
186 

186 
186 

186 
186 

187 
187 

187 
138 


LABOR. 

liens  for,  etc., 

hours  of, 


L. 


See  LIENS. 


.       232 

112,113,217 


LAND.     See      PRIVATE      LAND;      RESERVED 
SPACES. 

LAND  DAMAGES. 

to  be  secured,  when,     . 


178 


LAND  TAKING. 

by  eminent  domain,     .          .          .  .       192 

to  avoid  grade  crossing,          .          .          .          .       231 

LAPSE  OF  LOCATION. 

if  organization  is  incomplete,          .          .          .       173 

LAWS. 

applicable  to  private  land  locations,  .  .       192 

enforcement  of,  by  commissioners  .  .           8 

by  courts,  equity  jurisdiction,     .  .  .       249 

notice  to  corporations  as  to,  .  .11 

LEASE. 

or  sale,  authority  for,    .         .          .43,  199,  201,  202 
annual  return  to  lessor,          ....       249 
approval  by  commissioners,  .          .          .43,  45,  202 
decision  within  thirty  days,         ...         43 
filing  with  secretary  of  commonwealth,         .         43, 
approval  by  stockholders,      ....       202 
connecting  roads;  definition,           .          .          .       202 
express  business  regulated,    ....       202 
facilities  for  travel,  not  diminished,         .          .«     202 
fare,  rates  of,  not  increased,            .          .          .       202 
reduction  of,  from  income,          .          .  202 
powers  and  duties  of  lessee,  .          .          .        201,202 
restricted  to  ninety-nine  years  unless,     .          .       199 
returns,   annual,  to    commissioners,    to  con- 
tain,           248,249 

terms,  approval  of,  by  commissioners,  43, 45,  199,202 

LEASED  ROADS. 

fares  on,      .......       202 


LEGAL  VOTERS. 

complaints  by, 


13 


LEGISLATURE. 

may  revise  fares,           .         .          .          .         ne,  224 
may  authorize  stockholding  in  another  com- 
pany  186 

petition  to,  for  special  charter,       ...         50 
recommendations  to,  by  commissioners,  .  6 

See  PETITION. 

LENGTH  OF  LINE. 

and  dividends,  return  to  tax  commissioner,  145,  233 

returns  of,  to  assessors,          ....       240 

to  be  set  forth  in  articles  of  agreement,  170,  246 

without  state,  deduction  of  valuation  for,        .       234 

return  of,          .....  234 

See  TAXATION. 

LESSEE. 

powers  and  duties  of,   .          .          .          .          .  201 

return,  annual,  to  lessor  by,  .          .          .  249 

neglect  to  make,        .....  249 

LESSOR. 

annual  return  to,  .....       249 

neglect  of,         ......       249 

responsible    for     correctness    of    returns    to 

commissioners,  ....  249 


352 


INDEX   TO   STREET   RAILWAY    LAWS. 


LETTER  CARRIERS. 

free  or  reduced  rates,  while  in  uniform,     .          .       124 

LIABILITY. 

employers',  for  injuries,         .          .          .         102-108 
of  directors,  until  payment  of  capital,     .          .       184 
reduction  of  capital,  in  case  of,  .          .       227 

for  injuries.     See  INJURIES. 

LIENS. 

for  labor,  materials,      .....       232 
contract  with  other  than  company,  but  acting 


for, 


right  of  action  to  recover  debt  with  costs, 
exception,  no  right  for  contractor  for  whole 

railway,  etc.,      ..... 
sworn  statement  of  labor,  amount,  etc.,  to  be 

filed 

right  of  action  not  lost  by  mistake  in  stating 

amount,     .  ... 

notice  of  proposed  action  to  be  filed, 
proceedings  void,   unless  begun  within  sixty 

days,         ...... 


232 

232 


232 


232 


232 
232 


232 


LIFE. 

endangering,  by  obstruction,  .          .         213,214 

loss  of,  negligently  causing,  ....  38-42 

Sunday  law,  no  defence  to  actions,      .          .       137 


LIFTING  JACKS. 

equipment  of  cars  with,  commissioners  may 
require;  penalty,          .... 


216 


LIMIT  OF  TIME. 

for  acceptance  of  locations,  .          .          .          .       172 
for  construction,  ....         184,  185 

LIMITATION. 

of  actions,  death  of  employees,       ...         40 

LIQUOR. 

not  to  be  sold  in  pleasure  resorts,  .          .       186 

LOCAL  EXTENSION. 

acceptance  of,      ......       204 

approval  of  commissioners,          .          .          .       204 
See  LOCATION  AND  CONSTRUCTION. 

LOCATION. 

definition,  .......       169 


LOCATION  AND  CONSTRUCTION. 
In  General. 

acceptance  of  location,  within  sixty  days, 


172 
185 

172,  185 
.  171 
172,  204 
.  207 
225 


within  thirty  days,   .... 

when  to  begin  to  run, 

agreement  of  association,  etc.,  prerequisite, 
approval  of  commissioners,    . 
betterments  assessed,  when, 
extensions,  issue  of  bonds  to  pay  for, 
in  Boston,  Cambridge  and  Brookline  (original 

law) 177 

land,  taking  by  eminent  domain,  .  .  .  192 
limit  of  time  for  acceptance,  .  .  .  172,  173 
metropolitan  parks  and  boulevards,  in,  .  .  174 
organization,  if  incomplete,  void,  .  .  .  173 
poles,  erection  and  maintenance  of,  .  .  177 

over  private  land  with  consent  of  owners,       .       177 
rules  as  to,  .......       172 


LOCATION  AND  CONSTRUCTION  —  Con- 
tinued. 

state  institutions,  on  land  of,  forbidden,  ex- 
cept   173 

time  for  acceptance,  limit  of,             .          .  173 

through  route,  switch  connection  to  secure,  '  .  138 
void,  if  organization  is  incomplete  in  eighteen 

months,     ......  173 

if  application    for    approval    is    not    made 

within  sixty  days  of  grant,             .  1 72 

if  refused  certification  by  commissioners,      .  173 

if  not  accepted  by  company,       ,          .          .172 

wires,  regulations  as  to,         .          .          .          .  193 

erection  and  maintenance  of,                .          .  177 

over  private  land,  with  consent  of  owners,  177 

Aldermen  or  Selectmen. 

location,  to  grant,         .          .          .          .  .171 

alteration,  time,  limit  and  expense,          .  205,  206 
petition,  notice,  hearing,    ....       205 

may  revoke  locations,  when,           .          .  206,  207 

new  petition  after  revocation,  etc.,          .  .       172 

reserved  spaces  in  public  ways,      .          .  .       193 

Alteration  of  Location. 

application  to  aldermen  or  selectmen,     .         205,  206 

by  company,     ......  205 

by  any  interested  party,    ....  205 

expense,  apportionment  of,    .          .          .          .  205 

limit  of  time  for  work,            ....  206 

public  notice  and  hearing,     ....  206 

commissioners  to  approve,    ....  20G 

may  require  amendment  of  alteration,           .  206 

route,  change  of,  additional  hearing,   .          .  206 

void  in  sixty  days,  unless  accepted,         .          .  206 

Bridges. 

building  to  be  approved  by  commissioners,      .         37 
examination  by  experts,         .•         .          .          .37 
See  BRIDGES. 

Common  or  Park. 

burial  grounds,  through,  punished,  .          .       173 

location  on,  forbidden,  etc.,          .          .          .173 
common    or    park,    forbidden    after    twenty 

years,  etc.,          .          .          .          .          .174 
metropolitan  parks  and  boulevards,  location 

over 174,  175 

copy  of  location  to  municipal  authorities,    .       175 

governor  and  council  to  approve  when,  .          .       174 

locations  may  be  extended  or  revoked,  .          .       174 

notice  to  be  given,    .          .          .          .          .174 

railroad  company,  etc.,  may  appeal  to  gov- 
ernor and  council,        ,          .          .          .174 
provisions   of   street   railway   law   to   apply, 

etc.,  ......       175 

share  of  street  railway  tax  to  commonwealth,  175 
public  parks,  lay-out  over,  restricted,  .  .  175 
park  commissioners  may  approve  when,  .  175 
state  house  park,  no  construction  over,  .  .  174 
state  institutions,  on  land  of,  forbidden,  .  173 

Wachusett    Mountain    reservation,    location 

upon,  provisions  as  to,         .          .          .175 

Connecting  Location. 

abutters  notified  by  publication  or  otherwise,       185 
application    to    commissioners    within    thirty 

days  of  refusal,  etc.,   ....       135 


INDEX   TO    STREET   RAILWAY   LAWS. 


353 


LOCATION  AND  CONSTRUCTION  —  Con- 
tinued. 

commissioners  may  enter  decree  granting  loca- 
tion,   185 

to  prescribe  appliances,  conditions,  and  obli- 
gations,    ......       185 

filing  of  written  acceptance  of  location  within 

thirty  days,  or  void,  ....       185 

notice  and  hearing,  to  local  authorities,  etc.,   .       185 

Construction. 

capital,  paid  in  before,  .....  184 

certificate  that  capital  subscribed,  etc.,  .  .  184 

corporate  powers  to  cease,  if,  .  .  184,  185 

limit  of  time  for, 184 

on  private  land,  .  .  .  .  .  190 

location  void  if,  in  eighteen  months,  .  .  184 

manner  of,  conditions,  etc.,  ....  172 

of  track  to  avoid  grade  crossings,  .  .  193,  231 

Crossings. 

abolition  of,  locations,  directors  may  act  by 

vote 180 

directors  may  authorize  execution  of  instru- 
ments by  person  or  persons  designated,       180 
of  highways  at  grade,  .....       193 

of  steam  railroads  at  grade,  regulated,    .  18,  213 

over  or  under  railroad,  .          .          .          .231 

overhead    structures,     consent    of    commis- 
sioners,     ......       231 

structures  on  ways;  authorization,          .          .231 
See  CROSSINGS. 

Extensions. 

adjacent  cities,  etc.,  to,          ....  185 

commissioners  to  authorize,  hearing,  etc.,  .  185 
See  CORPORATE  POWERS. 

connecting  cities  and  towns,  for,  .  .  .  185 

application  to  commissioners,  .  .  .185 

requirements  by  commissioners,  .  .  185 

See  also  CONNECTING  LOCATIONS. 

local  extension,  acceptance  of,  or  void,  .  .  205 
alterations  in,  commissioners  may  require,  204, 205 

approved  by  commissioners,  .  .  .  204 

conditions,  no  additional,  to  be  imposed,  .  204 

manner  of  construction,  conditions,  etc.,  .  204 

petition,  hearing  and  notice,  .  .  .  204 

voters,  fifty,  may  petition,  .  .  .  204 

Locations. 

aldermen  or  selectmen,  to  grant,    .          .         171,  172 

may  prescribe  conditions,  terms,  etc.,  except,       172 

alteration,  time,  limit,  expense,      .          .          .       205 

petition,  etc.,   ......       205 

acceptance  by  directors,  within  sixty  days,      .       172 
approval  by  commissioners,  .          .          .       172 

establishment  cf  corporation  to  follow,   .          .       178 
fourteen  days'  notice  to  be  given,  .          .       171 

manner  of  construction,  conditions,  etc.,          .       172 
petition,  notice  and  hearing  on,      .          .         171,  172 
publication,  aldermen  or  selectmen  may  des- 
ignate,      .          .....       172 

prior  locations  ratified;  revocation  of,    .          .173 
commissioners  to  approve,     .          .          .          ,172 
may  require  alterations  before  certifying,     .       172 
notification  to  local  board,  .          .          .172 

hearing  to  be  given  if  route  is  changed,        172 
commissioners'  certificate   as  to  amended  lo- 
cation,      .          .  172 


LOCATION  AND  CONSTRUCTION  —  Con- 
tinued. 

reserved  space  in  public  ways,        .          .          .193 
revocation,  new  petition  after,  etc.,  172,  173,  206,  207 
sale  by  receiver,  .....         245,  246 

valid,  only  when  approved  by  commissioners,        172 
void  by  refusal  of  certificate  or  non-accept- 
ance,         ......       173 

on   failure  to  apply  for   certificate   within 

thirty  days  of  grant,  .          .          .          .173 

if    organization    is    not    completed    within 

eighteen  months,         .          .          .         184,  185 


Private  Land. 

companies  operating  upon,  subject  to  general 
laws,          .          .          .          .          .          . 

locations  upon,    ...... 

location  upon,  by  eminent  domain, 

application  to  aldermen  or  selectmen,  cer- 
tificate, purposes,        .... 

certificate    of    public    necessity    and    con- 
venience, ..... 

construction  of  law  defined, 
map,  estimate,  etc.,  to  be  prepared,         .          52, 
excavating,    bridging,    filling,    etc.,    to    be 
shown,       ...... 

profile  to  be  prepared,        .... 

powers  of  county  commissioners  exercised  by 

aldermen  or  selectmen, 
taking  the  land,  provisions  applicable  to, 
to  abolish  grade  crossing,  considered  a  rail- 
road corporation,         .• 
may  bring  petition  or  respond  as  such, 
location  upon,  by  purchase  or  lease, 
for  providing  terminals  in  parks,  etc., 
for  reaching   freight   yards  and   terminals, 
for  maintaining  spurs  and  sidings, 
for  purposes  incident   to  freight  transporta- 
tion, ...... 

for  avoiding  highway  grade  crossing,  . 
for  reaching  car  barns  or  repair  shops, 
for  avoiding  grades  and  curves  in  ways, 
for  other  purposes  incidental  to  use  of  ways, 
petitions    for,    to    commissioners,    may    au- 
thorize,     ...... 

approval    of    aldermen    or    selectmen    pre- 
requisite, ..... 

construction,   grade  and  alignment  to  be 

fixed 

plan  to  accompany  petition, 

public    convenience    and    necessity    to    be 


shown,       ..... 

public  notice  and  hearing  required, 

safeguards  to  be  adopted, 

to  set  forth  purpose  of  location, 

prior  locations  confirmed, 

restrictions  as  to,       . 
operation  upon,  certificate  oT  board, 

changes  and  improvements  thereafter, 
poles  and  wires  over,  with  consent  of  owner, 
reserved  spaces  in  public  ways, 

Revocation  of  Locations. 

aldermen  or  selectmen,  by;  time, 
approval  of  commissioners,  unless, 
hearing  and  notice  as  to, 
new  petition,  after,       .... 
removal  of  tracks  at  expense  of  company, 

recovery  in  action  of  tort, 

neglect  to  remove;  penalty, 


192 
191 
192 

192 

192 
193 
192 


52 

193 
192 

193 
193 

191 
189 
189 
189 

189 
193 
189 
191 
191 

191 
ICO 

191 
192 

192 
191 
191 
191 
190 
191 
1S1 
J91 
177 


.   206 

.   207 

.   207 

172,  173 

.   207 

.   207 

207 


191, 


354 


INDEX   TO    STREET   RAILWAY   LAWS. 


LOCATION  AND  CONSTRUCTION  —  Con- 
cluded. 

State  Highways, 
application  by  company,  etc.,         .          .          .       208 

on 208 

waya  to  become,  grading,  etc.,        .          .          .       208 

supervision  by  highway  commission,       .         208,  209 

See  HIGHWAY  COMMISSION. 

Temporary  Locations. 

granting,  by  local  authorities  to  prevent  inter- 
ruption of  traffic,  when,       .          .         176, 206 

in  altering,  rebuilding    or    repairing  bridges,  176 

application  to  local  authorities,      .          .         '.  176 
application  to  commissioners  upon  refusal  or 

failure  to  act,     .....  176 

conditions,  obligations,  etc.,  of  grant,      .          .  176 

certificate  of  commissioners  approving  location,  176 

acceptance  of  location  within  thirty  days,       .  176 

limit  of  time  for  use  of,  removal  of  tracks,  176 
apportionment  of  expense  of  construction  if 
connected  with  alteration  or  abolition 
of  railroad  crossing,    .          .          .          .176 

Ways. 

alteration  of  grade;  expense  of,      .         .          .       207 

betterments,  assessment,  etc.,  of,  .          .          .       207 

operation  upon;  exceptions,  .  189,190,208,209 

repair  of,  responsible  for,  when,     .          .        211,  212 

opening  ways  for,  permit  required,  when,     .      211 

restoration  of  surface,         .          .          .          .211 

reserved  spaces  in,  for,  ....       193 

transportation  of  material  for,         .          .          .       187 

widening  for  .expense  of,         ....       207 

See  WATS. 


LOITERING. 

in  stations,  etc.;  penalty,      .... 

LORD'S  DAT. 

running  cars  on,  legalized,     .... 

LOST    CERTIFICATES.       See    CORPORATE 
MATTERS  (Capital  Stock). 


214 


136 


M. 


MAILS. 

transportation  of, 


MAP. 

estimates,  profiles,  etc.,  in  land  takings, 

MASSACHUSETTS  HIGHWAY  COMMIS- 
SION. See  HIGHWAY  COMMISSION, 
STATE. 

MATERIAL. 

liens  for,  etc.,       ...... 

See  LIENS. 

MEETINGS. 

of  stockholders  and  directors.     See  CORPORATE 

MATTERS. 

MERCHANDISE. 

carriage  of,  ...... 


187 


192 


232 


189 


METROPOLITAN    PARK     COMMISSION- 
ERS. 

to  grant  locations  in  roads,  boulevards,  parks 

and  reservations,         .          .          .         174,  175 
See  LOCATION  AND  CONSTRUCTION. 

METROPOLITAN  PARKS. 

tax  on  location,  payable  to  state,  .          .         175,  239 

MILE. 

capital  stock  per,  amount  required,         .          .       170 

MILITARY  SUPPLIES. 

transportation  of,          .....       187 
regulations  may  be  imposed  by  commissioners,       188 

MILK  AND  CREAM. 

transportation  of,          .....       188 
regulations,  etc.,  ....  188 


MISSILES. 

throwing  at  cars,  etc.;  penalty, 

"MISSING  LINK"  LOCATIONS.       See  LO- 
CATION; CORPORATE  POWERS. 


43 


MORTGAGE  BONDS. 

TERS. 


See  CORPORATE  MAT- 


MORTGAGES. 

authorized,  purposes  of,         .... 

bonds  to  secure,        , 

railroad  laws  (Part  II.,  sections    48-56),  ap- 
plicable,   ...... 

receiver,  sale  by,  not  to  impair  powers  under, 

See  CORPORATE  MATTERS  (Dissolution). 

MOTIVE  POWER. 

commissioners  to  prescribe,  .... 
steam,  not  permitted,         .... 
electricity,  or  other,  may  be  used, 
municipalities  not  to  furnish, 

MOTORMAN. 

to  stop  cars  within  one  hundred  feet  of   cross- 
ings; penalty,    ..... 

MUNICIPALITIES. 

may  purchase  electricity,  when,     .          .          . 
not  to  furnish  motive  power, 
See   CITIES;    MUNICIPAL,   OFFICERS;   TOWNS; 
ELECTRICITY. 


225 
225 


225 
246 


186 
186 
186 
203 


213 


203 
203 


MUNICIPAL  OFFICERS. 

complaints  by,     ......  13 

electricity,  application  as  to  price  of,  .  .  203 
may  petition  for  remedies,  when,  .  .  .  250 
may  petition  supreme  judicial  court  for  re- 
sumption of  use  of  tracks,  .  .  .  210 
regulations  by,  for  use  of  tracks,  etc.,  .  .  209 
speed  rules,  established  by,  ....  209 


N. 


NAME. 

corporate,  regulated,    .... 

change  of,  application,  etc.,  . 

two-thirds  vote  of  stockholders  required, 
commissioners  to  authorize,  after  hearing, 
filing  of  authority  with  state  secretary, 


170 
232 
232 
232 
232 


INDEX   TO    STREET   RAILWAY   LAWS. 


355 


NAME  —  Concluded. 

change   of,    commissioners    to  require  public 

notice   of  change,        ....  232 

certificate  issued  by  secretary,    .          .          .  232 

restrictions  as  to  name,  applicable,            .  232 

rights  and  liabilities  under  new  name,           .  233 

actions  not  defeated  by,     ....  233 

new  name  substituted  on  motion,         .          .  233 

to  be  set  forth  in  agreement  of  association,     170,  246 

NEGLECT. 

annual  report,  to  make;   penalty,  .          .          .       249 

lessee  to  make  to  lessor;  penalty,         .          .       249 

books  and  accounts,  to  keep;  penalty,    .        248,  249 

car  heating,          ......       216 

of  accommodations,      ....        218,  219 

vestibules,  of,       ......       216 

NEGLIGENCE. 

as  to  tracks,  repairs,  etc.,  liability  for,  .  211,  212 
action,  notice,  etc.,  .....  212 

loss  of  life  from, 40-42 

death  from,  recovery,  etc.,  ....  40-42 
employees,  recovery  by,  when,  .  .  .  103 
liability  of  employer,  etc.,  .  .  103-107 

machinery,  etc.,  car  considered,  .          .       103 

notice,     ...  104 


NEW  SHARES. 

cash  payment  for,         .... 
price,  commissioners  to  fix,   . 
par,  not  less  than,         .... 
stockholders  entitled  to,        . 
notice  to,  of,    . 

NON-SUBMISSION. 

of  books  and  accounts;  penalty,    . 

NOTES. 

consent  of  commissioners;  decision, 
issue  authorized,  .... 

limit  of  issue,       ..... 
equity  jurisdiction  to  enforce, 
proceeds,  application  of,        . 

NOTICE. 

to  corporations  as  to  laws,     .          .          . 

NUMBER. 

of  directors,  to  be  named  in  articles,  etc. 


230 
230 
230 
230 

230 


229 
229 
229 
230 
230 


9-11 


170 


o. 


OBSTRUCTIONS. 

cars  of  other  railways,  of;  penalty,  .  .  214 
employees,  by;  penalty,  .  .  .  .214 
endangering  life  by;  penalty,  .  .  .  214 
streets,  of;  penalty,  .....  214 
tracks,  of;  penalty 213.  214 

OFFICERS. 

of  companies.     See  CORPORATE  MATTERS. 

OPENING. 

certificate  for  operation  preliminary  to,  .       209 

on  private  land,         .....       191 

OPERATING  CONTRACT. 

approval  of,  by  commissioners,  filing,  etc.,        43-46, 

201,  202 
terms,  etc.,  .          .        201, 202 


OPERATION. 

In  General. 

certificate  preliminary  to,      .          .          .          .       209 

not  compulsory  unless  road  is  completed,    .       209 

on  private  land,  appliances  and  safeguards,       191 

approach  of  cars,  notice  or  warning,        .          .       213 

regulations  by  local  boards,         .          .          .213 

approval  of  commissioners,          .          .          .       213 

at  railroad  crossings,  stops,  etc.,     .          .          .       213 

motorman  liable;  penalty,          .          .          .       213 

company  liable;   penalty,  ....       213 

mails,  transportation  of,        .          .          .          .       187 

merchandise,  etc.,  transportation  of,       .          .%     189 

See  CORPORATE  POWERS. 

on  Lord's  day,  legalized,  ....  136 
on  private  land,  prohibited,  except,  .  189,  190 
on  ways,  exceptions,  ....  189,  190 
stations,  loitering  in;  penalty,  .  .  .  214 

Accidents. 

commissioners  to  investigate,          ...  13 

inspectors  to  investigate,       ....  36 

notice  of,     .          .          .          .          .          .          .  38,  39 

inquests  on,  report,  etc.,        ....  39,  40 

Accommodations. 

to  furnish  reasonable;  penalty,       .          .          .       218 

additional,  commissioners  may  require,   .  12,  219 

penalties  for  neglect  of,      .          .          .          .       219 

forfeit;  for  use  of  cities  and  towns,      .          .       219 
fares,  establishment,     .....       218 

commissioners  may  suggest  changes,   .          .         12 
free  passes  regulated;  penalty,     .          .          .       219 
regulation  of,  railroad  law  to  apply,    .         116,224 
special  cars,      .          .          .          .          .          .219 

special  rates,  for  public  school  pupils,            .       219 
for  private  school  pupils,         .          .          .       220 
Boston  Elevated  Railway  Company,  ex- 
empted,      220 

for  workingmen,    .....       220 

transfers,  free,  withdrawal,    ....       224 

commissioners  to  approve,  etc.,  .          .       224 

transfer  tickets,  misuse  of;  penalty,         .          .       225 

Bridges. 

alteration,  discontinuance,  liability,  when,  .       211 

damages  for  defective,  liability,  etc.,  .  .  211 
guards  upon;  penalty,  ....  212 

commissioners  to -super  vise,  or  order,  .       212 

opening  for  repairs  and  renewal  of  tracks,  .       211 

private,  obligation  to  construct  or  maintain,  .       211 

repair  of  surface,  liability,     .          .          .  .211 

restoration  to  former  condition,     .          .  .211 

By-laws  and  Regulations. 

approval,  revision  and  alteration,  .          .  .  209 

by  towns,  etc.,  as  to,    .          .          .          .  .  209 

cars,  number  and  routes,  as  to,      .          .  .  209 

notice  of  approach  of  cars,  as  to,   .          .  .  213 

proceedings  to  enforce,  ....  209 

snow,  removal  of 209,  210 

speed,  regulation  of  rate  of,  .          .          .  .  209 

wires,  as  to,          .          .          .          .          .  .  193 

Cars, 
approach  of,         ......       213 

disorderly  conduct  in;  penalty,  .  .  .214 
fenders,  wheelguards,  etc.,  upon,  .  .  214,  215 


356 


INDEX   TO   STREET  RAILWAY   LAWS. 


OPERATION  —  Continued. 

heating  of,  penalty;  enforcement,  .          .          .  216 

obstruction  of  streets  by;  penalty,  .          .214 

of  cars  of  another  company;  penalty,            .  214 

platforms  for,  enclosed  when,         .          .          .  216 

commissioners  to  approve;  decisions,  effect 

of;  penalty,        .....  217 

sales  by  children  upon,  penalty,     .          .          .  214 

special,  fares,  etc.,         .....  214 

sprinkling,  use  of,          .....  187 

Connecting  Roads. 

joint  use  of,          .          .          •          •          •          •       186 
regulation  by  commissioners,      .          .          .       186 
consolidation    of,    approval    by    commission- 
ers  43,  199,  200 

express  business  not  authorized  by,       .          .       201 

powers  and  duties  after,     ....       201 

reduction  of  stock  upon  sale,      .          .          .       202 

vote'  by  stockholders  approving,  .          .      202 

definition  for  purpose  of  lease,        .          .          .       202 

leases  of,  conditions,     .....       202 

operating  contracts,  approval  of,   .          .          45,  202 

Crossings. 

of  steam  railroads,        .          ...          •          •       213 
cars   stopped  within  one  hundred  feet  of; 

penalty,    .... 
overhead  structures,  consent  of  commission- 
ers  231 

over  or  under  railroads,  consent  to,          .          .231 

Discontinuance. 

may  be  ordered  temporarily,  .  .  .  211 
track  removal,  etc.,  upon,  ....  210 
ways  of,  city  or  town  not  liable  for,  .  .211 

Employees. 

bond  not  to  be  required  of,  .          .          .          .113 
hours  of  labor  regulated,       ....       217 
penalty  for  assaults  on,          .... 
weekly  payment  of  wages  to,          .          .          .114 
See  also  EMPLOYEES. 

Fares. 

changes  in,  commissioners  may  suggest, 

charter,  limitations  of,  as  to,           .          .          .  218 

consolidation  not  to  increase,  .  .  .  199 
establishment,  .  .  •  •  •  .218 

evasion  of,  penalty  for,          ....  42 

leased  roads,  on,  not  increased,  .  .  .  199 
legislature  may  revise,  .  .  .  116, 224 

passes,  issue  of,  regulated,     ....  219 

regulated,  as  on  railroads,     ....  224 

school  pupils,  rates  for,           ....  219 

Boston   Elevated    Railway   Company,   ex- 
empted   220 

special  cars           ......  219 

transfers  regulated,  discontinuance  of,    .          .  224 

misuse  of;  penalty,  .....  225 

workingmen's  rates,      .....  219 


Inspectors. 

inspection  by;   duties  of, 
accidents,  investigation  of,    . 
inquests,  to  attend, 
report  to  commissioners, . 
witnesses,  summoning,  as  to, 


OPEEATION  —  Concluded. 

Opening  to  Public. 

certificate  for  operation,         ....       209 
private  land,  on,       .....       191 

Platforms. 

continuance  of  prior  decisions  of  commission- 

ers, .          .          .    s     .          .          .          .217 

definition  of  "  street  cars  "  as  to,      .          ...       216 

to  be  enclosed;  penalty,          .          .          .          .216 

approval  of  commissioners,         .          .        216,  217 


Private  Land. 

on,  laws  applicable,      ... 
See  PRIVATE  LAND. 


.       192 


Snow. 

removal  of,  regulations,          .          .          .        209,  210 
copy  of  regulations  to  be  filed  September  1,       210 
petition  to  commissioners  for  amendment,       210 
findings  filed  with    local   boards   and  com- 

pany .......       210 

not  mandatory  except  from  and  between 

tracks,  etc.,        .....       210 


Streets  or  Ways, 
alteration  of  grade,  expense  of,       . 
alterations,  etc.,  liability,       .... 
damages  for  defective,  liability,  recovery,  etc., 
discontinuance,  etc.,  repairs  on, 

cities  and  towns  not  liable,  when, 
negligence,  liability  for,          . 
obstruction  of,  by  cars;  penalty,    . 
operation  upon,  exceptions,  . 
repairs,  of  surface,  not  required,  etc., 

companies  may  open   for  repair    or  renewal 
of  railway,          .... 

restoration  of  surface  to  former  condition, 
reserved  spaces  in  public  ways, 
state  highways,  operation  on, 
structures  on,  authorization, 
use  of,  by  cars;  penalty,        . 
widening  for  street  railways,  expense,     . 


Tracks. 

explosives  upon,  prohibited;  penalty, 
obstruction  of,  prohibited;  penalty, 

endangering  life  or  safety ;  penalty, 
petition  to  compel  resumption  of  use,     . 
refusal  to  operate,  appeal,     . 

jurisdiction  in  equity  to  determine,     . 

two  or  more  municipalities  may  join  in 
tition,        .          .  •  •          • 

existing  laws  or   rights    not    construed 

impaired, 

temporary  discontinuance  of  use,  when, 
voluntary  discontinuance  of  use,    . 

may  be  removed  after  six  months, 
use  of,  regulations  for;  penalty, 

subject  to  approval  by  commissioners, 
See  also  EQUIPMENT. 


189 


210 
pe- 


207 
211 
212 
211 
211 
212 
214 
,  190 
211 

211 
211 
193 
208 
231 
209 
207 


214 
214 
214 
210 
210 
,211 

211 

211 
211 
210 
210 
209 
209 


ORDERS. 

served  upon  persons  or  corporations  affected,    .  11,12 


service,  by  personal  delivery  or  mailing  certi- 
fied copy, 


11,  12 


INDEX   TO   STREET   RAILWAY   LAWS. 


357 


ORDERS  —  Concluded. 

notification   of   receipt   in   writing   to   be   re- 
turned,        11,  12 

to  be  signed  by  officer  of  corporation,  .  .11,12 
terms  of  order,  acceptance  and  obedience  to,  .  12 
time  of  taking  effect  to  be. specified,  .  .  12 
supreme  judicial  court,  etc.,  jurisdiction,  167,  250 
to  be  entered  of  record,  .  .  .  12, 270 
to  continue  in  force  until  changed  or  abro- 
gated  12 

violation  of,   proceeding  in  supreme  judicial 

court,  if 108,  250 


ORGANIZATION. 

of  purchasers  of  road  from  receiver, 

failure  to  effect, 
to  follow  issue  of  charter. 

See  CORPORATE  MATTERS. 

ORIGINAL. 

definition,  ..... 


OVERHEAD  STRUCTURES. 

consent  of  commissioners,  etc., 
See  CROSSINGS. 


246 
247 

247 


169 


231 


P. 


183 
231 


173,  174 


218,  219 
218,  219 


124,  219 


PAR. 

issue  of  shares  for,  only, 
new  shares  for  not  less  than, 

PARK. 

location  on,  forbidden,  etc.. 

See  LOCATION  AND  CONSTRUCTION. 

PASSENGER  ACCOMMODATIONS. 

commissioners  may  require,   . 

additional,         ..... 

PASSES. 

issue  of,  regulated;  penalty,  . 

PAYMENT  OF  CAPITAL. 

before  certificate,  .....  184 

before  incorporation,     .....  178 

before  beginning  construction,         .          .          .  184 

certificate  of ,  filing,        .....  184 

directors  liable  till  paid,  etc.,  .          .          .  184 

new  shares,  cash  for,      .          .          .          .          .  230 

PENALTY. 

accommodations,  neglect  of ,  .  .  .  .  219 
annual  returns,  neglect  of,  .  .  .  .  249 
bonds,  illegal  issue  of,  .  .  .  .  .  230 
books  and  accounts,  for  neglect  of,  .  .  249 

non-submission  to  commissioners,         .         248,  249 

divulging  information  from,  ...  14 
bridge  guards,  neglect  of ,  .  .  .  .  212 
capital  stock  or  bonds,  for  wrongful  issue,  .  230 

cars,  expectoration  in,  .  .  .  .  .154 

heating  of ,  neglect,  .  .  .  .  .216 
children,  sales  by,  on  cars,  ....  214 
crossings,  stopping  cars  at,  .  .  .  213,214 
disorderly  conduct  on  cars,  for,  .  .  .214 
explosives  on  tracks,  placing,  .  .  .  214 
employees,  assaults  on,  ....  43 

loss  of  life  of,    .          .          .          .          .          .  39-42 

fares,  evasion  of,  .....  42 

school  pupils,  refusal  of  half  rates  to,  219,  220 


PENALTY  —  Concluded. 

injury  to  block  signals,           .          .  42 

loitering  in  stations,      .          .          .          .  .214 

loss  of  life,  negligently  causing,  recovery,  .  40—42 

of  employee,     ......  40—42 

making  annual  returns,  neglect,     .          .  .       249 

missiles,  throwing  at  cars,    ..          .          .  .43 

officers,  certificate  to  commissioner  of  corpo- 
rations as  to  changes,  neglect,       .  .         56 

clerk  to  be  resident  of  commonwealth,  .         56 

non-removal  of  tracks  on  revocation,      .  .       207 

obstruction  of  cars  of  another  company,  .       214 

passes,  as  to,         .          .          .          .          .  .       219 

platforms,  failure  to  enclose,            .          .  216,  217 

speed  regulations,  violation  of,        .          .  .       209 

streets,  obstruction  of,  by  cars,      .          .  .       214 

tracks,  obstruction  of;  endangering  life,  213,  214 

use  of,  neglect  of  regulations,      .          .  .       209 

transfers,  misuse  of,      .          .          .          .  .       225 

ways,  use  of,  regulations;  penalty,           .  .       209 
See  CRIMES. 

PERMIT. 

to  open  streets  for  repairs,     ....      211 

PERSONAL  ESTATE. 

companies  may  hold,    ....  185,  186 

PETITION. 

for  alteration  of  location,  etc.,        .          .  .       205 
for  extension  of  location,  notice,  etc.,      .  .       204 
for  location;  notice  and  hearing  on,         .  171,  172 
for  incorporation  under  special  act,         .  .  50,  51 
filing  notice,  publication,  etc.,     .          .  .  50,  51 
newspaper  designated  by  secretary  of  com- 
monwealth,        .          .          .          .  .  50,  51 
proof  of  publication,           .          .          .  .  50, 51 
transmission  to  general  court,     .          .  .  50,  51 


PLAN. 

filing,  abolition  grade  crossings, 


231 


PLATFORMS. 

approval  of  vestibule  enclosure,     .          .          .  216 

failure  to  enclose;  penalty,    ....  217 
passengers  upon,  no  rule  as  to  riding  at  own 

risk, 213 

recovery  of  compensation   not     prevented, 

etc., 213 

See  OPERATION. 

PLEASURE  RESORTS. 

acquisition  of,      ......  186 

admission  to  be  free  to,          ....  186 

approved  by  commissioners,           .          .          .  186 

bonds  and  stock  for,     .....  225 

liquor  not  to  be  sold  in,          ....  186 

stock  and  bonds  for,     .....  225 

POLICE. 

street  railway,  appointment,  etc.,  .          .  34-36 

term  of  office,  badges,  powers,  etc.,          .          .  35 

free  or  reduced  rate  while  in  uniform,     .          .  124 

may  arrest  without  warrant,  when,         .          .  35 
compensation,  liability  of  company,  etc.,          .  35,  36 

witness  fees,  no  allowance  for,        ...  36 

POWER,  ELECTRIC. 

sale  to  towns,  ....         203,  204 


358 


INDEX   TO   STREET  RAILWAY   LAWS. 


POWER,  MOTIVE. 

commissioners  to  decide, 
municipalities  not  to  furnish, 

POWERS. 

of  directors,          .          . 

of  lessees,    .... 


186 
203 


179,  180,  183,  184 
202 


of  street  railways  after  consolidation, 

POWERS,  PRIVILEGES,  DUTIES. 

of  street  railway  companies, 

See  also  CORPORATE  POWERS. 

PREMIUMS. 

cash,  to  be  added  to  par  value  of  capital  in 
computation,  when,   .... 

PRESIDENT. 

choice  by  directors,       ..... 
director,  to  be  a,  .          .  • 

PRICE  OF  SHARES. 

commissioners  to  fix  [repealed], 

stockholders  to  determine,    .... 

PRIOR  LOCATIONS. 

ratified;  revocation  of,  .... 


201 


169 


179 
179 


230 
68 


173 


PRIVATE  LAND. 

companies  operating  upon,  subject  to  general 

laws, 192 

Locations. 

by  eminent  domain,      .....       192 

application  to  aldermen  or  selectmen,  cer- 
tificate, purposes,        ....       192 

certificate  of   public  necessity   and  conven- 
ience,        ......       192 

construction  of  law  defined,  .          .          .193 

map,  estimate,  etc.,  to  be  prepared,        .  52,  192 

excavating,    bridging,    filling,    etc.,    to    be 

shown,       ......         52 

profile  to  be  prepared,        ....         52 

powers  of  county   commissioners  exercised  by 

aldermen  or  selectmen,         .          .          .       193 
taking  the  land,  provisions  applicable  tc,          .       192 
to  abolish  grade  crossing,  considered  a  rail- 
road corporation,         ....       193 

may  bring  petition  or  respond  PS  such,     .       193 
by  purchase  or  lease,    .....       191 

for  providing  terminals  in  parks,  etc.,  .  18S,  193 
for  reaching  freight  yards  and  terminals,  .  189 
for  abolishing  or  to  avoid  grade  crossing,  .  231 

land  of  railroad  or  railway  taken,  .  .  231 
commissioners  to  adjudicate,  .  .  .  231 
deed  and  plan  to  be  filed,  .  .  .231 

damages,  railroad  law  to  apply,  .          .231 

for  reaching  car  barns  or  repair  shops,  .  .  189 
for  avoiding  grades  and  curves  in  ways,  .  191 

for  other  purposes  incidental  to  use  of  ways,  .        191 
petitions  for,  to  commissioners,      .          .          .191 
approval    of   aldermen    or   selectmen    pre- 
requisite, .         .  '   .          .          .       190 
construction,   grade   and   alignment   to   be 

fixed, 191 

plan  to  accompany  petition,  .  .  .  192 
public  convenience  and  necessity  to  be 

shown 191,  192 

public  notice  and  hearing  required,      .          .       191 


PRIVATE  LAND  —  Concluded. 

petitions  for,  safeguards  to  be  adopted,  .          .  191 

to  set  forth  purpose  of  location,            .          .  191 

prior  locations  confirmed,      ....  190 

restrictions  as  to,           .          .          .          .          .  191 

reserved  spaces  in  public  ways,       .          .          .  193 

Operation. 

certificate  of  commissioners,           .          .  .       191 

changes  and  improvements  thereafter,    .  .191 

prohibited  except,          ....  189,  190 

PRIVATE  SCHOOL  PUPILS. 

half  fares  for 116,220 

PROCEEDINGS. 

organization,  etc.     See  CORPORATE  MATTERS. 
regulations,  to  enforce,  ....       250 

before  commissioners,  record  of,  .          .       249 

See' RECORD. 

PROCEEDS. 

of  sale,  use  for  dividends,      ....       202 
of  new  shares,  application,    ....       225 

PROPERTY. 

realty  and  personalty,  limit  of,       .          .         185,  186 
stockholding  in  another,  authority,         .          .       186 

PROXY  VOTING. 

at  meetings,  regulation  of,     .          .          .         181,  182 

PUBLIC  OFFICERS. 

not  to  recommend  employees,  etc.,          .          .       113 

PUBLIC  OPENING. 

certificate  for  operation  before,      .          .          .       209 
on  private  land,         .....       191 

PUBLICATION. 

of  agreement  of  association,  .          .  .          .171 

evidence  of,      .          .          .          .  .          .178 

of  schedules  of  rates,  etc.,      .          .  .          .117 

in    accordance    with    requirements  of    inter- 
state commerce  commission,  .          .117 
of  statement  of  accounts,       ....         14 

PUBLIC  SERVICE  COMMISSION. 

powers,  duties,  etc.  See  Index  to  Railroad 
Laws,  PUBLIC  SERVICE  COMMISSION; 
see  also  RAILROAD  COMMISSIONERS. 

PUBLIC  WAY. 

definition,   .......       169 

PUBLIC  WAYS. 

reserved  spaces  in,         .          .          .          .          .193 

PUPILS. 

rates  of  fare  for, 21,9,  220 

to  include  public  day  or  evening  schools, 

industrial  and  private  schools,  .  .  220 
travel  of,  to  outside  high  school,  payment  by 

towns, 222 

reimbursement  of  towns  for  outside  tuition, 

etc., 221,222 

attendance  regulated,  ....  223 

appropriation  by  towns  of  money  for  such 

tuition, 222 

action  prerequisite  to  aid  for  such  towns,  222,  223 


INDEX   TO    STREET   RAILWAY   LAWS. 


359 


PUPILS  —  Concluded. 

payments  by  Commonwealth  or  city  of  Boston 

for  transportation  of  certain  children,  223,  224 

officials  of  school  boards  to  certify  to  com- 
missioner of  education  amount  so  paid,  224 

Boston  Elevated  Railway  Company,  ex- 
empted,   220 


PURCHASE. 

of  property  of  foreign  companies,  provisos, 

PURCHASER. 

consolidation  or  sale,  stock,  bonds,  etc., 

from  receiver,  rights  of,  etc., 

actions  against,          .... 
agreement  of  association  of, 
stock  issue  by;  fixing  amount,    . 

See  COBPOKATB  MATTERS  (Receiver). 


201 


199,  200 
.  246 
.  246 
.  246 
246 


R. 


RAILROAD  COMMISSIONERS. 

In  General. 

advice,  etc.,  not   to  relieve  corporate  liability,          13 

annual  report,  contents,  etc.,      ...  6 

appointment,  terms,  tenure,  etc.,  .          .          .     1-18 

of  expert  bridge,  etc.,  engineers,  .  2-5,  37 

of  supervisor  of  accounts,  .          .         1,  5, 7,  9 

attorney-general  to  act  on  report  of,  when,       11,  249 

decisions,  force  and  effect  of  certain,       .          .       217 

record  of  rulings  of  law,         ....       249 

rulings,  revision,  annulments,  etc.,  .          .       250 

savings  banks,  lists  of  companies  for,      .          .       248 

Authority. 

abolition  grade  crossings,  approval,  when,        .  31,  32 

commissioners  may  be  made  special  com- 
missioners,         .          .          .          .          .  21,  22 

or  avoidance  of,  approval,  .          .          .       231 

accidents,  investigation  of,    .          .          .          .13 
accommodations  for  passengers,  may  require,  218,  219 
agreement  of  association,  may  direct  publica- 
tion, when,          .          .          .          .          .171 
alteration  of  crossings,   commissioners  repre- 
sented on  commission,          ...         20 

to  act  as  county  commissioners,  for  Boston,  18 
approach  of  cars,  approval  of  regulations,  .  213 
block  signals,  installation  of,  approval,  .  .  8 

bonds,  approval  by;  proceedings,  .  .  .  225 
bridge  guards,  as  to,  .....  212 
bridges,  expert  examination  of,  .  .  .  37 

appointment  of  expert  bridge  engineer,         .  2 

capital  stock,  approval  of  issue,  .  .  .  225 
consolidation  and  sale,  approval  of  terms,  43,  199,  200 
crossings  over  or  under  railroads,  consent  to,  .  231 
electricity,  to  approve  terms  and  fix  price  for, 

when, 203 

enforcement  of  laws  by,         .          .          .          .8, 250 

extension  of  corporate  powers,        .          .          .       185 
equitable    relief,    may    invoke,    as    to    stock 

issues,        ......       230 

express  transportation,  appeal,       .          .          .       189 
fares,  to  suggest  changes  in,  .          .          .12 

fenders  and  wheelguards,  requirement  by,      214,  215 
heating  of  cars,  to  require,     ....       216 

information  to  be  furnished  to,  .  .  .  13 
inspection,  recommendations  upon,  .  .  36 


RAILROAD   COMMISSIONERS  —  Continued, 
lease  or  sale,  approval  of,       .          .          .  43,  199,  200 
motive  power,  commissioners  to  prescribe,       .       186 
operating  contracts,  approval  of,    .          .  45,  201 

notice  to  corporation  as  to  laws,  ...  13 
passenger  accommodations,  may  require,  218,  219 
platforms,  approval  of  enclosure,  .  .  216,  217 
pleasure  resorts,  approval  of,  ...  186 
publication  of  agreement  of  association,  may 

direct  when,        .....       171 
repairs,  notice  of  necessary,  ....          13 
scope  of  statutory  provisions  as  to,           .          .         13 
special   commission   to   abolish   grade   cross- 
ings,  21,  22 

sprinkling  streets,  authority  for,  .  .  .  187 
to  supervise,  examine,  etc.,  ....  13 

Books  and  Accounts. 

continuance  of  uniform  system,  .  .  14,  248,  249 
directors,  etc.,  may  request  examination  of,  .  14 
inspection  at  any  time  by,  ....  14 
list  of  stockholders,  access  to,  ...  16 
non-submission,  etc.,  penalty  for,  ...  16 
publication  of  statements,  ....  14 
regular  examination  of,  ...  .14 

Capital  Stock, 

and  bonds,  approval,    .....  225 

fixing  amount  of,       .....  225 

increase  of,            ......  225 

may  employ  experts  to  examine  property,  .  2 
purchasers  from  receiver,  of;  fixing  amount,  245,  246 

reduction,  to  authorize,          ....  227 

certificate  of,  filing  by,       ....  227 

proceeds,  allowance  of  distribution  of,    .          .  227 
See  CORPORATE  MATTERS. 


Change  of  Name, 
to  authorize,  after  hearing,    . 
to  require  public  notice  of,     . 


Complaints. 

employees,  by;  secrecy  of,     . 
examinations  into,  when, 
legal  voters,  by,  . 
municipal  officers,  by,  . 


232 
232 


13 
13 
13 

13 


Connecting  Roads. 

approval  for  joint  use,  .          .          .         201, 202 

rules  and  regulations  determined  by  commis- 
sioners,     ......       202 

operating  contracts  between,  .          .  45, 201 

consolidation    of.     See    CONSOLIDATION    AND 

SALE. 
lease  of.     See  LEASE. 

Excise  Tax. 

distribution  of,  among  cities  and  towns,  as  to,       241 
revision  of,  on  appeal,  .          .          .          .241 

Extensions. 

adjacent  cities,  in,  etc.,          ....  185 

connecting  cities  and  towns,  in,      .          .          .  185 

application  to  commissioners,  and  hearing,  185 

location,  granting  of,  and  conditions,             .  185 

local  extension,  approval  of,            ...  204 


360 


INDEX   TO   STREET   RAILWAY   LAWS. 


KAILROAD    COMMISSIONERS  —  Continued. 
Faxes. 

may  suggest  changes,  etc.,  ....  12 
regulation  of,  powers,  .  .  .  .12,  218,  219 
transfers,  discontinuance  of,  to  approve,  .  224 

Grade  Crossings. 

abolition  of,  approval, 

commissioners  may  be  made  special  com- 
mission,    ......  21, 22 

alteration   of,    commissioners   represented   on 
commission,        ..... 

to  act  as  county  commissioners  for,  in  Boston, 
approval  of  land  taking  to  avoid,  . 
consent  to,  ...... 


20 

18 

231 

18 


Inspectors. 

appointment  by, 

direction  of  examinations  by, 

See  INSPECTORS. 


.2,4,5 
36 


Location. 

approval  of,          .          .          .          .          .          .172 

may  require  alterations,         ....  172 

notification  to  local  board,           .          .          .  172 

hearing  if  route  is  changed,  ....  172 

certificate  as  to  amended  location,           .          .  172 
private  land,  on,  commissioners  may  author- 
ize,              191,  192 

revocation,  approval  of,         ...         206,  207 

Opening  to  Public. 

certificate  for  operation,         ....  209 

private  land,  on,  appliances  and  safeguards,    .  191 

Record  of  Proceedings. 

before  commissioners,  as    to    street  railways,  249 
rulings  of  law  to  be  entered,        .          .          .  249 
neglect   to   grant   or   refuse,  considered   re- 
fusal,            249 

equity  jurisdiction,  to  review,  annul,  modify 

or  amend,           .....  250 

Regulations. 

approval,  revision,  etc.,         ....  209 

proceedings  to  enforce,           ....  250 

speed,  as  to,         .          .          .          .          .          .  209 

as  to  approach  of  cars,  commissioners  may 

approve,    ......  213 


Relief  Corporations. 

approval  of  by-laws, 
examination  of,  report  to, 

See  RELIEF  SOCIETIES. 


.  33,  34 
33 


Remedies. 

for  refusal  or  neglect,  attorney-general  to  act,  249,  250 
equity  jurisdiction,  to  invoke,         .          .          .       250 

Report. 

of  commissioners,  contents,  etc.,    .          6,  7,  248,  249 

Returns. 

blanks  and  forms  for,   ....  17,  249 

changes  in,            .          .          .          .          .  .       249 

remedy,  additional,  for  neglect,      .          .  .       249 

tables,  abstracts,  to  prepare,           .          .  .       249 


RAILROAD   COMMISSIONERS  —  Concluded, 
to  commissioners,  annually;  contents,    .         248,  249 
of  lessees,          ......       249 

neglect  to  make,        .....       249 

amendment  of  defective  returns,          .          .       249 

Witnesses. 

compulsory  attendance  of,     .          .          .          .17 
summoning,  oaths,  fees,  etc.,          ...         17 
See    RAILROAD  COMMISSIONERS  and    PUBLIC 
SERVICE  COMMISSION  in  Index  to  Rail- 
road Laws. 

RAILROAD  CORPORATIONS. 

street  railway  companies  considered  as,  grade 

crossing  abolitions,      ....       193 

RAILROAD  CROSSINGS. 

stops  of  cars  at,  .....       2J3 

See  CROSSINGS. 

RAILWAY. 

definition,   .......  169 

inspection  of  lines,         .....  36 

suspension  of  lines,       .....  3 

RAILWAY  INSPECTORS. 

appointment  of,  etc.,     .          .          .          .         .  2, 4.  5 
duties,  etc.,  ......         36 

RATES. 

in  general,  changes  in  schedules  of,  filing,  etc. 
See  Index  to  Railroad  Laws,  RATES. 
(Public  Service  Commission  act  of  1913.) 


REAL  ESTATE. 

companies  may  hold, 


185,  186 


RECEIVER. 

appointment  of,  by  supreme  or  superior  court,  245 
purchasers  from,  rights  of,  etc.,  .  .  .  246 

actions  against,  .....  246 
reorganization,  capital,  etc.,  .  .  .  246 

capital  not  to  exceed  fair  cost  of  replacement,  246 
sale  of  road  by, 245,  246 

not  to  impair  mortgages,    .          .          .          .246 

to  pay  debts,  etc.,  .....  246 
See  also  CORPORATE  MATTERS. 


RECORD. 

bonds,  of,  by  treasurer  [repealed!, 
rulings  of  law,  of,          .         . 
transfer  of  shares,  of,    . 
of  commissioners'  proceedings, 
rulings  of  law  to  be  entered, 


61 

.  249 
182.  183 
.  249 
.  249 
249 


neglect  to  grant  or  refuse,  considered  refusal, 
equity  jurisdiction  to  review,  annul,  modify 

or  amend,  .....       250 

RECORDING. 

charters,  with  agreement,  etc.,        .          .          .       179 

RECOVERY. 

for  death  from  injuries,  ....  40-42 
employees,  death,  etc.,  ....  40—42 

over  by  town  against  liability,  injuries,  .  212 

costs  recoverable  by  town,  when,  .  .  212 

REDUCED  RATE. 

service  at,  for  employees,  etc.,  when,      .          .       124 


INDEX   TO    STREET   RAILWAY   LAWS. 


361 


REDUCTION  OF  STOCK. 

authorization  by  commissioners,  .  .  .  227 

certificate  of,  filing,  .  .  .  .  .  227 

directors'  liability, 227 

proceeds,  allowance,  distribution  of,  .  .  227 

sale,  upon,            ......  202 

REGISTERED  BONDS. 

or  coupon,   .......  225 

REGULATION. 

of  fares,  as  on  railroads,         .         .          .          12, 224 

REGULATIONS. 

approval,  revision,  etc.,  by  commissioners,       .  209 
proceedings  to  enforce,        .          .          .    *    249,  250 

by  towns,  etc., 209 

grade  crossings,  as  to,  .          .          .          .          .  18 

penalty  for  violation  of,         ...           .  209 
snow,  removal  of,  as  to,  proceedings,       .         209,  210 

speed,  as  to  violation  of,        .          .          .          .  209 

wires,  as  to,          .          .          .          .          .          .  193 

RELIEF  SOCIETIES. 

for  employees,      ......  33 

formation,  organization,  etc.,  ...  33 

filing  certificate,  fee,  etc.,  ...  33 

by-laws,  approval  by  commissioners,  .  .  33,  34 

voting  regulated  by,  ....  34 

employees'  annual  report  to  commissioners,  .  34 

examination  of  books  and  papers,  .  .  34 

funds  not  attachable,  etc.,  ....  34 

investigation  by  local  authorities,  .  .  33 

report  to  secretary,  ....  33 

purposes  of  incorporation,  ....  33 

street  railway  as  associate,  etc.,  ...  34 

REMEDIES. 

additional,  attorney-general    to  act  for  com- 
missioners,         .....  249 
equity  jurisdiction  to  invoke,          .          .          .  250 
violation  of  laws,  to  restrain,      .          .          .  250 
of  rules  and  regulations,  to  restrain,          ,  250 
to  review,  annul,  modify   or  amend  rulings,  250 
returns,  for  neglect,  etc.,        ....  249 
as  to  valuation,  taxation,  etc.     See  TAXATION. 


REMOVAL  OF  TRACKS. 

at  expense  of  company,  when, 


.       210 


REORGANIZATION. 

after  purchase  from  rejeiver,  capital,  etc.,      245,  246 

REPAIR. 

application  of  taxes  for  ways  and  places,  243,  244 
of  ways,  responsibility,  .  .  .  .211 
opening  for  repair,  permit,  .  .  .  .211 
restoration  of  surface,  ....  211 

notice  of  necessary  repairs,    .          ...         12 


REPAIRING  STREETS. 

transportation  of  material, 


187 


REPEAL. 

of  certain  portions  of  the  Revised  Laws,  etc.,   250,  251 
not  to  affect  certain  acts  done,  etc.,     .          .       251 


REPORT. 

annual,  of  commissioners,      .          .          .          .       6,  7 
inspectors,  by,  to  commissioners,  ...         36 
See  RETURNS. 

RESERVED  SPACES. 

in  public  ways,  for  street  railways,          .          .       193 

RETURNS. 

annual,  to  commissioners,  contents,  etc.,        248,  249 
change  in  form  of,  by  commissioners,           .       249 
amendment  of  defective,    .          .          .  17, 249 
sworn  to,  by  treasurer  and  superintendent,       249 
blanks  and  forms  for,   ....           17,  249 
system  prescribed  by  commissioners,  .  17,  249 
contracts,  leases,  etc.,  to  contain,  .          .          .       249 
dividends  and  length  of  line,  of,  to  tax  com- 
missioner,           .....       233 
earnings  and  length  of  track  to  assessors,         .       240 
lessee  to  make  returns  to  lessor,     .          .          .       249 
liable  to  lessor  for  failure,            .          .          .       249 
lessor  responsible  for  correctness,  .          .          .       249 
neglect  to  make,             .....       249 
remedy  for  neglect,  additional,       .          .          .       249 
tables,  abstracts,  etc.,  commissioners  to  pre- 
pare  6,  249 

REVIEW. 

of  rulings  of  commissioners  by  courts,     .          .       250 

REVISION. 

of  regulations,  etc.,       .....  209 

proceedings  to  enforce,       ....  209 

of  speed  rules,  by  commissioners,  .          .          .  209 

of  excise  tax,  by  commissioners,  when,    .          .  241 

of  fares,  by  legislature,  ....  224 


REVOCATION. 

of  locations,  approval, 
new  petition  after,  etc., 
non-removal  of  tracks  on, 

See  LOCATION  AND  CONSTRUCTION". 


ROAD  MATERIAL. 

transportation  of, 


206,  207 
172 
207 


ROLLING  STOCK. 

and  stations,  suggestions  as  to,  .          . 

inspection,  of,  ..... 

attachment  of,  restrictions  as  to,    . 

void  unless  other  property   first  demanded, 
cars,  heating,  neglect,  etc.,  ,. 

number  and  routes,  regulated,    . 
conditional  sale  of, 

acknowledgment,  recording,  fee, 

general  laws  not  to  apply, 

name  of  owner,  etc.,  to  bear, 

payment  of  price,  record,  fee, 

secretary  of  commonwealth,  to  record  con- 
tract,        ...... 

See  CARS. 


187 


12 

36 

38 

38 

216 

209 

37,38 

38 

38 

38 

38 

38 


ROUTE. 

to  be  described  in  agreement  of  association,  170,  246 
through,  switch  connections  to  secure,  .       138 


RULINGS  OF  LAW. 

record  of,    . 


249 


362 


INDEX   TO   STREET  RAILWAY   LAWS. 


s. 

SAFETY  DEVICES. 

equipment  of  cars  with  headlights,   fenders, 

wheelguards,  brakes,  etc.,    .          .          .       214 
emergency  tools  and  other  devices,    .          .214 
commissioners    may  require    lifting    jacks 
and  other  apparatus,  equipment  with; 
penalty 216 

SALE  OF  ROAD. 

authority  for,  approval,  .  .  .  43,  199 
increase  of  capital,  for  purchase,  .  .  199,  201 
proceeds  not  to  be  used  for  dividends,  .  .  202 
reduction  of  stock  upon,  ,  202 

receiver,  by, 245, 246 

See  CONSOLIDATION  AND  SALE. 
of  rolling  stock.     See  ROLLING  STOCK. 

SALES  ON  CABS. 

by  children,  penalty,  when,  ....       214 

SANDING   DEVICES. 

equipment  with  (foot  note),  .          .         .       215 

SAVINGS  BANKS. 

may  accept  bonds  as  collateral,  when,    .  .       248 
may  invest  in  railway  bonds,  when,         .  247,  248 
bank  commissioner,  duties  as  to,          .  247,  248 
lists  of  companies,   commissioners  to  fur- 
nish   247,248 

West  End  Street  Railway  Company,  rental,    .       247 


SCHOOL  CHILDREN. 

fares  for,     ..... 

See  FARES;   also  PUPILS. 


216,219 


SECRETARY  OF  COMMONWEALTH. 

agreement  of  association,  to  be  filed  with,       .  178 
of  purchasers  of  road  at  receiver's  sale,  to  be 

filed  with, 247 

authority  for  change  of  name,  to  be  filed  with,  232 
certificate  of  consolidation  or  lease,  to  be 

filed  with 43 

of  incorporation,  issue  by,            .          .         178,  247 

for  relief  societies,  issue  by,         ...  33 

as  to  bonds,  to  be  filed  with,      .          .          .  228 

as  to  change  of  name,  issue  by,   .          .          .  232 

as  to  extension  of  franchise,  to  be  filed  with,  185 
as  to  locations,  to  be  filed  with,           .          .178 

as  to  payment  of  capital,  to  be  filed  with,     .  184 

as  to  stock  issue,  to  be  filed  with,        .          .  228 

as  to  stock  increase,  to  be  filed  with,  .          .  228 

as  to  stock  reduction,  to  be  filed  with,          .  227 

dissolution,  return  to,  in  proceeding,       .          .  246 
petitions  for  special  charter,  to  be  deposited 

with,          ......  50 

publication  of,  may  direct,          .          .          .  50,  51 
transmission  to  general  court,     ...  50 
report  to,  as  to  relief  societies,        ...  33 
surrender  of  charter,  duties  as  to,            .          .  245 
tables  and  abstracts  of  returns,  to  be  trans- 
mitted to,           .....  249 

to  record  conditional  sales  of  rolling  stock,  38 

SELECTMEN. 

definition,             ......  169 

powers  as  county  commissioners,  when,  .  193 
may  revoke  locations,  when,  .  .  206, 207 
may  order  temporary  discontinuance  of 

tracks,       ...  211 


SELECTMEN  —  Concluded. 

may  order  removal  of  tracks,  when,        .          .  206 

may  petition  for  examination  of  railways,  etc.,  13 

to  approve  grade  crossing  abolition.",       .          .  231 

to  grant  locations,  etc.,          .          .          .         171,  172 

alteration  of  location,  etc.,           .          .          .  205 

tracks,  operation  of,  powers  as  to,           .          .  209 

removal  of,  may  order,       ....  206 

temporary  discontinuance,  may  order,    .          .  211 

See  LOCATION  AND  CONSTRUCTION;  TAXATION. 

SERVICE. 

of  common  carriers,  inquiry  into,  .          .         127,  128 

at  reduced  rates  to  employees,  etc.,        .          .       124 

free  for  charitable  purposes,  to  be  approved 

by  commissioners,  ....  124 

charges^or.     See  FARES;  RATES. 

of     orders     of     commission.      See    ORDERS. 

inquiry  into  regulations,  practices,  equipment, 

service,  etc.,  .  .  .  .  .  9,  10 

action  if  unjust,  unreasonable,  unsafe,  im- 
proper or  inadequate,  .  .  .  9,  10 

duty  of  common  carriers  to  observe  and  obey 

requirements,  .  .  .  .  .  9,  10 

free.     See  FREE  TRANSPORTATION. 

SHARES. 

of  stock.     See  CORPORATE  MATTERS. 

SIGNALS. 

injury  to,    .          .          .          .          .          .          .42 

installation  of,  block,    .....  8 

equity  jurisdiction  to  enforce,     ...  8 

SNOW. 

removal  of,  regulations  as  to,  .  .  209,  210 
provisions  as  to,  .  .  .  .  209, 210 
street  railway  taxes,  applied  to,  .  .  244 

transportation  of,  .....  187 

See  OPERATION;  CORPORATE  POWERS. 

SPECIAL  CARS. 

companies  may  provide;  penalty  for  neglect,       219 

special  rates  on,         .          .          .          .          .219 

for  workingmen,  etc.,     ....       219 

hours  of,    ....  219 


SPECIAL  CHARTERS. 

petition  to  general  court  for, 

See  PETITION. 

SPECIAL  COMMISSION. 

for  abolition  of  grade  crossings, 
in  alteration  of  crossing  proceedings, 
See  CROSSINGS. 

SPECIAL  MEETINGS. 

See  MEETINGS. 

SPECIAL  RATES. 

on  special  cars, 

for  workingmen,  etc.;  penalty,    . 
for  pupils;  penalty  for  neglect,  . 

SPEED  OF  CARS. 

local  authorities  to  establish, 
board  to  approve,  revise  and  alter, 

proceedings  to  enforce, 

violation  of, 


50 


21,22 
19,20 


219 
219 
219 


209 
209 
209 
209 


INDEX   TO    STREET   RAILWAY    LAWS. 


363 


SPEED  OF  CAES  —  Concluded. 

cities  and  towns  may  make  ordinances,  .       209 

vehicles,  street  railway  cars  not  so  considered, 

unless 189 

SPRINKLING  CARS. 
use  of, 187 

STATE  HIGHWAYS. 

street  railways  on,         .....  208 
alteration,    extension,    revocation    of    loca- 
tions upon,          .....  208 
commission  to  indicate  locations,  etc.,  in, 

when, 208 

company   to  restore   to  former   condition,  208 

laying  in,  regulated,  supervision,          .          .  208 

supervision  of,             .....  208 

construction,  company  may  share  in  expense,  208 

damages,  grading,  etc.,  cost  of,       .          .          .  208 

liability  for  injuries  on,          ....  212 

rights  in,  vote  of  directors,  etc.,     .          .          .  180 

transportation  of  material  for,        .          .          .  187 

ways  to  become,  grading,  etc.,        .          .          .  208 

assessment  of  expense,        ....  208 

STATE  HOUSE  PARK. 

no  construction  over,   .....       174 

STATE  INSTITUTIONS. 

location  on  land  of,  forbidden,  except,    .          .       173 

STATEMENTS. 

publication  of,  .          .          .          .          .14 

STATIONS. 

commissioners  to  suggest  changes  in,   reloca- 
tion, etc.,  .....         12 
loitering  in,  prohibited;  penalty,   .          .          .       214 
inspection  of,  etc.,         .....         36 
See  WAITING  ROOMS. 

STATUTORY  PROVISIONS. 

as  to  commissioners'  authority,  scope  of,         .         12 

STEAM. 

as  motive  power,  not  permitted,    .          .          .       186 

STOCK    BOOKS.     See  CORPORATE  MATTERS 
(Capital  Stock). 

STOCK  CERTIFICATES.     See  CORPORATE 
MATTERS  (Capital  Stock). 

STOCK  DIVIDENDS. 

prohibited,  when,  .....       227 

See  CORPORATE  MATTERS. 

STOCKHOLDERS. 

access  of  commissioners  to  lists  of,           .          .  16 
books  and  accounts,  may  request  examination 

of 14 

capital  stock,  vote  for  reduction  of,         .          .  227 

proceeds,  distribution  among,     .          .          .  227 

certificate,  stock,  each  stockholder  entitled  to,  182 

majority  to  approve  leases,  ....  202 

two-thirds  to  approve  consolidation  or  sale,  199, 200 

two-thirds  to  approve  change  of  name,        .  232 

may  petition  for  dissolution,       .          .          .  244 

may  apply  to  supreme,  etc.,  court,  as  to  stock 

and  bond  issues,                     .                    .  230 


STOCKHOLDERS  —  Concluded, 
new  shares,  entitled  to, 

cash  payment  for, 

notice  of, 

special  meetings,  may  request, 
vote  for  bond  issue, 

for  consolidation  or  lease, 

for  reduction  of  stock, 
votes  at  meetings, 


.       230 

.       230 

.       230 

181 

229 

201 

.       227 
181,  182 


STOCK  ISSUES. 

as  to,   commissioners  may   invoke   equitable 

relief,         ......       230 

grade  crossings,  for  abolition,          ...         24 
pleasure  resorts,  for,     ....         186,  225 

purchase  from  receiver,  after,          .          .         245,  246 
upon  domestic,  by  foreign  corporation,  .          .       202 
See  CORPORATE  MATTERS. 

STOCKHOLDING. 

in  another  company,  authority  for,  185,  186,  201 

not  permitted,  except,        .          .          .         185,  186 

STONES. 

transportation  of,          .....       187 

STOPS. 

at  railroad  crossings,    ......       213 

STREET  RAILWAY. 

definition,  ......       169 

jurisdiction  of  commissioners  over,          .  2,  3 

STREET  RAILWAY  POLICE.       See  POLICE. 

STREET  SPRINKLING  CARS. 

authority  for,       ......       187 

See  CORPORATE  POWERS. 


STREET  SWEEPINGS. 

transportation  of,          ... 

See  CORPORATE  POWERS. 


STREET  WIDENING. 

assessment  of  part  of  expense  of,    .          . 

STREETS. 

construction,  grading,  repairing  of,          . 

transportation  of  material,          .          . 

or  cars  of  other  railways,  obstruction  of, 

taken  up,  towns  not  liable  to  companies, 

See  WAYS;  OPERATION. 

STRUCTURES. 

at   crossings,  on  ways,  authorization,      . 
overhead;  consent   of   commissioners,    . 

SUBMISSION. 

of  books  and  accounts  to  commissioners, 
non-submission;  penalty,  ... 

SUBSCRIBERS. 

directors  to  be,  formation,     .          .          . 

SUBSCRIPTIONS. 

for  shares;  time  for,  etc.,       ... 

SUNDAY  CARS. 

running  of,  permitted,  .          .          . 


187 


207 


187 
187 
214 
211 


231 

231 


170,  246 


230 


136,  137 


364 


INDEX   TO    STREET   RAILWAY    LAWS. 


SUNDAY  LAW. 

no  defence,  liability  for  injuries, 
street  railways  exempt  from, 


136,  137 
136,  137 


SUPERIOR  COURT. 

jurisdiction  in  equity,  to  appoint  receivers,      .       243 
to    enforce    laws,    orders,    etc.,    concerning 

issues  of  stock  and  bonds,   .          .          .       230 
attorney-general,  commissioners  or  stock- 
holder, etc.,  may  apply,       .          .          .       230 
to  order  copies,  books  or  records,  exhibited 

to  stockholders,  ....       183 

to  review,  annul,  modify,  amend  rulings  of 

state  boards,       .....       250 

dissolution,  decree  for,  upon  application,          .       244 
justice  of,  may  compel  attendance  and  testi- 
mony of  witnesses  before   commission- 
ers, .......          17 

may  hear  and  award  costs  in  appeals  from 

local  valuation,  ....       236 

SUPERVISION. 

commissioners'  authority  as  to,      .          .          .         12 
by  commissioners,  of  grade  crossings,      .          .          18 

SUPREME  JUDICIAL  COURT. 

jurisdiction    in    equity,    as   to    operation    of 

trains  and  cars,  ....  8 

to  appoint  receivers,  ....       245 

to   compel  observance,  etc.,  of   street   rail- 
way laws,  .....       250 

to  compel  use  of  tracks,  when,   .          .          .       210 

to  dissolve  domestic  companies  on  issue  of 

securities  by  foreign  corporations,          .       202 

to  enforce    laws,    orders,   etc.,   concerning 

issues  of  stock  and  bonds,    .          .          .       230 
attorney-general,  commissioners  or  stock- 
holder, etc.,  may  apply,       .          .          .       230 

to  enforce  compliance  with  orders  of  com- 
missioners as  to  block  signals,    .          .  8 

to  order  copies,  books  or  records,  exhibited 

to  stockholders,  ....       183 

to  review,  annul,  modify,  amend  rulings  of 

state  boards,      .....       250 
dissolution,  decree  for,  upon  application,          .       244 
justice  of,  may  compel  attendance  and  testi- 
mony    of    witnesses    before     commis- 
sioners,     ......         17 

Public  Service  Commission  Act  of  1913. 
jurisdiction  in   equity  to  review,  annul,  etc., 

rulings  or  orders,  .  .  167,  168, 250 
procedure  prescribed  by  its  rules,  167,  168,  250 
terms  on  which  the  order  shall  be  stayed,  167 

168,  250 
petitioner's  attorney  to  file  certificate  as  to 

probable  ground  for  appeal,  etc.,  167,  168,  250 
double  costs  if  petition  not  a  fit  subject 

for  judicial  inquiry,     .          .  167,  168,  250 

burden  of  proof  on  party  adverse  to  show 

order  invalid,      .          .          .  167,  168, 250 

proceedings  to  show  order   invalid  to  have 

preference,  except,      .          .          167,  168,  250 
jurisdiction  to  enforce  valid    orders  of    com- 
mission,    .....         168, 250 
proceedings  for  preventing  threatened  viola- 
tions of  law,       ....         168, 250 
counsel  of  commission  to  act,  subject  to 

attorney-general,         .          .          .         168, 250 
mandamus  or  injunction  may  issue,          168,  250 


SYSTEM. 

uniform,  books  and  accounts, 


.  14,  248,  249 


T. 


TABLES. 

and  abstracts  for  annual  returns,  .          .       249 

TAX  COMMISSIONER. 

returns  of  length  of  line  and  dividends  to,        .       233 
See  TAXATION. 

TAXATION. 

In  General, 
additional  tax  if  dividends  exceed  eight  per 

cent 237,238 

application  of  tax,  ....  243,  244 
apportionment  of  franchise  and  additional 

tax, 239 

corporate  franchise,  upon,      ....       233 

deductions  from  valuation  of  franchise,  .       234 

excise  tax  on  earnings,  .          .          .         240, 24 1 

returns  of  length  of  line  to  assessors,       .          .       240 
tax  commissioner,  to,  of  length  and  divi- 
dends,       ......       233 

shareholders,  list  of,  to  be  furnished  tax  com- 
missioner, ....         145,  236 

Application  of  Taxes. 

for  repair,  etc.,  of  public  ways  and  places,  243,  244 
for  removal  of  snow  from  ways  or  places,  .  244 
Boston  Elevated  railway,  tax,  provisions  as 

to  [Special,   1898,  578,  §  28]. 
West  End  street  railway,  taxation  of,  provi- 
sions [Special,  1898,  578,  §  28]. 

Corporate  Franchise  Tax. 

annual    returns    to    tax    commissioner,    con- 
tents,      ' .          .          .                     .          .  233 

length  of  line  in  and  out  of  state,        .          .  233 
length   of   track   operated  in    each   city   or 

town,          ......  233 

amount  of  dividends  paid,  etc.,  .          .          .  233 
treasurer  to  make  oath  to,           ...  233 
franchise,  valuation,   commissioner  to  ascer- 
tain   234 

cash  value  to  be  true  value,  unless,     .          .  234 

deduction  for  length  of  line  without  state,    .  234 
for    real    estate    and    machinery    locally 

taxed 234 

local  assessment  taken,  but  not   conclusive,  234 

appeal  from  local  valuation,        .          .          .  236 
county  commissioners  or  superior  court 

may  hear,           .....  236 
ax  commissioner   may  require,  and  be 

heard, 236 

costs,  award  of,      .          .          .          .          .  237 

tax  to  be  paid,  how  determined,     .          .          .  237 

provisions  of  law  to  apply,           .          .          .  237 

valuation,  local,  of  real  estate  and  machinery,  237 

appeal    from,    commissioner    may    require, 

etc., 236 

remedy  when  commissioner's  is  less  than 

local  assessment,          ....  237 
notice  to  company  and  to  assessors,    .          .  237 
failure  to  prosecute  appeal,  valuation  con- 
clusive,     ....  237 


INDEX   TO    STREET   RAILWAY    LAWS. 


365 


TAXATION  —  Concluded. 

Additional  Corporate  Franchise  Tax. 

to  be  paid  when  dividends  exceed  eight  per 

cent 237,238 

amount  to  be  determined  by  tax  commis- 
sioner, ......  238 

exemption  if  six  per  cent  not  paid  annually 

from  beginning,  ....  238 

upon  notice  of  abatement  of  valuation,  etc.,       239 

Commutation  Tax. 

assessments  of  excise  tax  proportionately,        .  242 
distribution  of  tax,   determined  by   commis- 
sioners, when,     .....  243 
gross  receipts,  except,  return  to  assessors,         .  242 
length  of  track,  annual  return  to  assessors,       .  242 
payable  to  cities  and  towns,            .          .          .  243 
percentages,  how  based,         .          .          .         242, 243 
revision  of  tax,  petition  to  commissioners,        .  243 
aldermen,  selectmen  or  company,  may  ap- 
peal,            243 

notice,  hearing,  determination,  etc.,     .          .  243 

not  to  be  changed  for  three  years,  etc.,         .  243 

tax  to  be  in  addition  to  other  lawful  taxes,      .  243 

tax  collector,  notice  to,  by  assessors,       .          .  243 

collection,  general  laws  to  apply,  etc.,           .  243 

credited    to    sinking    fund    of    park,    etc., 

loans, 239 

tax  commissioner  to  determine  amount  due 

cities  and  towns,          ....  239 

notification,  certification,  appeal,  etc.,           .  239 

Exemption  and  Apportionment. 

no  local  assessment  on  shares  when  state  tax 

is  paid 239 

apportionment  of  tax  to  cities  and  towns,        .       239 
proportionate  to  length  of  track  operated 

in  each  town,     .....       239 
on  metropolitan  park  location,  payable  to 

state, 239 

Wachusett  Mountain  reservation,  payable 

to  state,  239 

Tax  Commissioner. 

annual  returns  to,  etc.,           ....  233 
appeal  from  local  valuation,  may  require,       236,  237 

deduction  for  length  of  line  without  state,       .  234 

dividends,  return  of,  to,          ....  233 

franchise,  valuation  cf,  to  ascertain,        .          .  234 

remedy,  when  less  than  local  assessment,         .  237 
to   determine   additional   corporate   franchise 

tax,  when, 238 

to  determine  amount    due    cities  and  towns,  239 
wires,  poles  for,  etc.,  taxation  of.     See  WIBBS. 

TEMPORARY  CLERK. 

appointment  and  duties,        ....       171 

TEMPORARY  LOCATIONS. 

granting  by  local  authorities  to  prevent  inter- 
ruption of  traffic,  when,        .          .         176, 206 
in  altering,  rebuilding  or  repairing  bridges,      .        176 
application  to  local  authorities,      .          .          .       176 
application  to  commissioners  upon  refusal  or 

failure  to  act,     .          .          .    '      .          .       176 
conditions,  obligations,  etc.,  of  grant,      .          .       176 
certificate   of   commissioners  approving  loca- 
tion,   176 


TEMPORARY    LOCATIONS  —  Concluded. 

acceptance  of  location  within  thirty  days,        .       176 
limit  of  time  for  use  of,  removal  of  tracks,       .       176 
apportionment   of  expense  of  construction  if 
connected  with  alteration  or  abolition 
of  railroad  crossing,  .          .          .       176 

TEMPORARY  TREASURER. 

appointment  and  duties,        .          .•'••",          .       171 

TERMINI. 

to  be  set  forth  in  agreement  of  association,    170,  246 

TICKETS. 

forms  of,  etc.,  subject  to  approval,          .          .       116 

TIME. 

for  acceptance  of  location,  limit,  .  .         172,  173 

TOOLS,  EMERGENCY. 

equipment     with,     commissioners     may     re- 
quire,                  214, 215 

TOWN  OFFICERS.     See  SELECTMEN. 

TOWNS. 

distribution  of  tax,  appeal  to  commissioners,  .  241 
excise  tax  payable  to,  .  .  .  .  .241 
may  furnish  electricity,  when,  .  .  .  203 
may  purchase  electricity,  ....  203 

commissioner  to  fix  price,  ....       203 

See  ELECTRICITY. 

not  liable,  discontinuance  of  ways,  .          .       211 

recovery  over  by,  against,  when,    .          .          .       212 

costs  recoverable  by,  when,         .          .          .       212 
route  in,  in  agreement  of  association,      .         170,  246 

TRACKS. 

discontinuance  of  use,  voluntary,  .          .          .       210 
temporary,        .          .          .          .          .          .211 

explosives  upon,  prohibited;  penalty,       .          .       214 
non-removal  on  revocation;  penalty,       .          .211 
obstruction  of;  penalty,         ....       214 

endangering  life  or  safety;  penalty,      .          .       214 
refusal  to  operate,  appeal,  etc.,       .          .         210,211 
petition  to  compel  resumption  of  use,     .          .       210 
removal  of,  at  company's  expense,  .          .210 

repairs,  negligence  as  to,  etc.,          .          .         211,  212 
action,  notice,  etc.,   ....         211,212 

use  of,  regulated,  .....       209 

joint  use,  ......       186 

voluntary  discontinuance  of,       .          .          .       210 
temporary  discontinuance  of,      .          .          .       211 

See  OPERATION. 

length  of,  return  to  assessors,  .  .  .  240 
relocation  in  grade  crossing  proceedings,  22-24 

TRANSFERS. 

discontinuance    of,    regulated,  commissioners 

to  approve,  .....  224 
on  cars,  conditions,  misuse  of,  .  .  .  225 
of  stock 182 

TRANSPORTATION. 

of  baggage,  express  matter  and  freight,          .  189 

of  coal 187 

of  explosives,        ......  133 

of  gravel,  dirt,  street  sweepings,     .          .          .  187 

of  mails,      .......  187 


366 


INDEX   TO    STREET   RAILWAY   LAWS. 


TRANSPORTATION  —  Concluded. 

of  merchandise,   ......  189 

of  milk  and  cream,        .....  188 

of  newspapers,     ......  189 

of  road  material,  ice,  snow,  ....  187 

TREASURER. 

bond  of,  by-laws  to  fix,          ....  179 

election  and  bond,         .....  179 

bonds,  to  record  [repealed],         ...  61 

temporary,  appointment,  duties,          .          .  171 

to  swear  to  returns  to  tax  commissioner,          .  233 

to  commissioners,       .          .          .          ,         248, 249 


TRUSTEE. 

may  vote  on  stock  held  by  him, 


u. 


UNIFORM  SYSTEM. 

of  accounts,  etc.,  continuance  of,   . 

UNITED  STATES  MAIL. 

street  railways  may  carry,    . 


y. 


VACANCIES. 

.  among  officers,  directors  to  fill, 


182 


14,  248,  249 


187 


171,  180 


VALUATION. 

of  property  of  common  carriers,  investigation, 

etc.,  of  books,  .....  16 

access  to  books,  documents,  etc.,  of  state  de- 
partments, etc.,  .  .  ...  16, 17 

revaluation  of  such  property  at  any  time,      .   16, 17 

VALUATION  OF  FRANCHISE. 

deductions  from,  in  taxation,          .          .          .       234 
tax  commissioner  to  ascertain,        .          .          .       234 
valuation  of  real  estate,  etc.,  appeal  from,       .       234 
Bee  TAXATION. 

VEHICLES. 

street  railway  cars  not  so  considered,  unless,       189 


VESTIBULES. 

for  cars,  approval, 
neglect  of;  penalty,  . 


216 
217 


VOID. 

location,  if  organization  incomplete  in  eighteen 

months, 172,  173 

if  some  portion  not  built,  etc.,  in  eighteen 

months,  ......  184 

on  failure  to  apply  for  certificate  within 

thirty  days,  .  .  .  .  .173 

by  refusal  of  certificate  or  non-acceptance,      .       173 

VOLUNTARY  ASSOCIATIONS. 

or  express  trusts,  books,  accounts,  contracts, 

examination  of,  ....          14 

records  and  memoranda,  examination  of,         .          14 
trustees  under  a  written  instrument  or  declara- 
tion of  trust,  etc.,   examination,   etc.,          14 
reports  and  information  as  to  relations  with 
railroad,  street  railway,  etc.,  corpora- 
tions, may  be  required,         ...         14 


VOLUNTARY  ASSOCIATIONS  —  Concluded, 
examination   of  books,   etc.,   of  partnerships, 
etc.,   under  same   ownership  as  street 
railway,  etc.,  corporations,  .          .         15 

investigation  of  dealings  between  street  rail- 
way, etc.,  companies,   and  such  part- 
nerships, etc.,     .....          15 

reports  and  information  may  be  required,        .          15 
refusal  or  neglect;  penalty,    ....         15 

supreme  judicial  court,   jurisdiction  in  equity 

as  to,         .          .          .          .          .          .15 

rates  and  service,  recommendations,  etc.,  not 

affecting  interest  of  such  partnerships,          15 
written  instruments  or  declarations  of  trust, 
copy  filed  with  commissioner  of  corpo- 
rations,     .          .          .          .          .          .162 

copy  filed  with  clerk  of  city  or  town  where 

located, 162 

annual  statements  filed  with  commissioner 
of  corporations  and  with  commission- 
ers, when;  penalty,     .          .          .          .162 
copies  to  be   transmitted   to   secietary   of 

commonwealth,  publication,          .         162,  163 
certain  corporations  not  to  acquire  more  than 
ten  per  cent  of  total  stock  of  railway 
company,  .         .          .          .          .163 

name  or  title  not  to  be  like  that  of  public  serv- 
ice corporation  controlled,  etc.,   .         170,  171 
commissioners    to    investigate    question    of 

violation  of  above;  penalty,          .          .       171 
violations    to    be    reported    to    attorney- 
general,  recovery  or  forfeiture,  injunc- 
tion, etc.,  .          .          .          .          .        171 
adopted  prior  to  act  not  affected,        .          .       171 

VOTE. 

of  stockholders,  approving  consolidation,         .       199 


VOTES. 

at  meetings,  by  stockholders, 

VOTING. 

by  stockholders  at  meetings, 
proxy  voting  regulated,     . 
in  relief  societies, 

w. 

WACHUSETT       MOUNTAIN 
TION. 

loeation  upon,  provisions  as  to, 
tax  payable  to  commonwealth, 

WAITING  ROOMS. 

commissioners  may  supervise, 
local  authorities  may  petition, 
loitering  in,       . 

See  STATIONS. 

WAY. 

public,  definition, 


181,  182 


181,  182 

.        182 

33 


RESERVA- 


WAYS. 

alteration  of,  liability  for  expense, 
alteration  of  grade  of,  expense, 
betterments,  assessment,  etc., 

assessment,  not  more  than  one-quarter  cost, 

provisions  of  law  applicable, 
construction,  grading,  repair  of,      . 

transportation  of  material, 


175 
239 


12 

13 

214 


169 


211 
207 
207 
207 
207 
187 
187 


INDEX   TO   STREET   RAILWAY   LAWS. 


367 


WAYS  —  Concluded. 

crossings  over  or  under,  consent  to,         .  86, 192,  193 

defects  in,  company  liable,  when,  .          .          .  212 
discontinuance  of,         .          .          .          .          .211 

of  tracks  in,  etc.,       .....  210 

grades  and  curves  in,  locations  to  avoid,           .  191 

grade  crossings,  abolition  or  avoidance  of,        .  231 

land  taking,  construction  within  way,           .  231 

negligence,  liability  for,          ....  212 

obstruction  of  streets;  penalty,       .          .          .  214 

operation  on,        ......  209 

exceptions,        ......  191 

reserved  spaces  in  public  ways,      .          .          .  193 
repair  of,  etc.,      .          .          .          .          .          .211 

state  highways,  operation  on,          .          .          .  208 

structures  on,  authorization,           .          .          .  208 

taken  up,  towns  not  liable,  etc.,     .          .          .  211 

tracks  in,  repairing,  etc.,        ....  211 

use  of,  by  cars;  penalty,        ....  209 

widening  for  street  railways,  expense,     .          .  207 

decision,  necessary  for  public  convenience,  .  207 

assessment  not  to  exceed  one  half  cost,         .  207 
See  also  STATE  HIGHWAYS;  OPERATION. 

WEEKLY  PAYMENTS. 

to  employees,       .          .          .          .          .          .114 

WEST    END    STREET     RAILWAY    COM- 
PANY. 

dividends  for  rental  deemed  earnings,     .          .  247 

WHEEL  GUARDS.    • 

equipment  of  cars  with,          ....  214 
requirement  by  commissioners,      .          .         214, 215 

WIDENING. 

of  ways,  expense  of,      .          .          .          .          .  207 


WIRES. 

regulations  as  to,  .          .          .          .         193,  198 

insulators,  lightning  arresters,  etc.,  .  .  193 
marking  feed  wires,  etc.,  when,  .  .  .  193 
poles  for,  taxation  of  underground  conduits, 

wires,  pipes  in  streets,          .          .          .       235 
of   poles,  underground   conduits   and   pipes 

with  wires  in  private  property,  .  .  235 
or  in  other  locations,  ....  235 
street  railway  companies  excepted,  235,  240 

tax  commissioner  to  ascertain  market  value 

of  shares,  .....       235 

deductions,  lying  outside  of  commonwealth, 

real  estate,  etc.,  locally  taxed,  etc.,       .      235 
domestic  telephone  companies,  market  value 

of  stock  in  other  corporations  held  by,       235 
foreign  telephone  companies,  value  of  stock 
proportional,    etc.,    without    common- 
wealth,  235 

value  of  real  estate,  machinery,  etc.,  locally 

taxed 235 

local  valuation  may  be  taken  as  true  value, 

but  not  conclusive,     ....       236 
appeal  from  local   valuation,  tax  commis- 
sioner may  require,     ....       236 
may  be  heard  upon  such  appeal,  costs, 

etc., 236 

remedy  when  assessors'  valuation  exceeds 

that  of  tax  commissioner,    .          .          .       236 

WITNESSES. 

compulsory  attendance  of,    .          .          .          .17 

summoning,  oaths,  fees,  etc.,      ...         17 

by  inspectors,        .....         36 

fees,  not  allowed  street  railway  police  officers,         36 

WORKINGMEN'S  RATES. 

of  fare,        .......       219 

tickets,        .          ,          ,          ,          ,  116 


INDEX  TO  ELECTRIC  RAILROAD  LAWS. 


A. 


ABOLITION  GRADE  CROSSINGS. 

stock  or  bond  issue  for.  See  CAPITAL  STOCK; 
BONDS. 

See  Index  to  Railroad  Laws. 

ABUTTING  OWNERS. 

notice  to,  as  to  route.     See  FORMATION. 

ACCIDENTS. 

prevention  of,  commissioners  may  make  rules 

for 261 

liability,    penalty,    for    negligence,    etc.     See 

Index  to  Railroad  Laws. 
notice    of,    inquests.     See    Index  to   Railroad 

Laws. 
loss  of  life  by,  penalty.     See  Index  to  Railroad 

Laws. 

AGREEMENT. 

of  association.     See  FORMATION. 
as  to  route.     See  FORMATION. 

ALDERMEN. 

duties  as  to  route,  etc.  See  FORMATION  (Fix- 
ing the  Route);  LOCATION. 

state  highway  commissioners  have  powers  of. 
See  LOCATION. 

duties  as  to  alteration,  extension  and  revoca- 
.  tion  of  location.  See  LOCATIONS. 

overhead  crossings,  action  as  to.  See  CROSS- 
INGS. 

speed,  action  on.     See  HIGHWAYS. 

ALTERATION    OP     CROSSINGS.     See    In- 
dex to  Railroad  Laws 

ALTERATION    OF   LOCATION.    See    LOCA- 
TION. 

AMENDMENTS. 

to  act 254,  257-259,  261,  267 

APPLICATION. 

for  certificate  of  exigency.     See  FORMATION. 

one  year  after  refusal.     See  FORMATION. 
for  route.     See  FORMATION. 

APPEAL.     See      RAILROAD      COMMISSIONERS; 
TAXATION. 

APPLICATION  OF  TAXES.     See  TAXATION. 
APPORTIONMENT.     See  TAXATION. 


APPROVAL.         See    RAILROAD    COMMISSION- 
ERS. 

ASSESSMENT;  ASSESSORS.    See  TAXATION. 
ASSOCIATES.     See  FORMATION. 

ATTACHMENT. 

of  rolling  stock.     See  Index  to  Railroad  Laws. 

ATTORNEY-GENERAL. 

action  on  returns.     See  REMEDIES. 

AUCTION  SALE. 

of  stock.     See  CAPITAL  STOCK. 

AUTHORITY. 

of  companies.  See  FORMATION;  CORPORATE 
POWERS. 

of  commissioners.  See  RAILROAD  COMMIS- 
SIONERS. 

See  also  Index  to  Railroad  Laws,  PUBLIC 
SERVICE  COMMISSION. 

AVOIDANCE  OF  CROSSINGS. 

purchase  of  land  for,  etc.     See  CROSSINGS. 


B. 


BAGGAGE  TRANSPORTATION.     See  COR- 
PORATE   POWERS    (Common    Carrier). 

BELLS. 

railroad  law  not  to  apply,      .          .          .         260, 261 
commissioners  to  make  rules  as  to,        .         260,  261 

BETTERMENTS.      See      LOCATION      (Street 
Widening);  BONDS;  CAPITAL  STOCK. 

BOARD  OF  APPEAL.     See  TAXATION. 

BONDS. 

issue  of,  amount  determined  by  commissioners,  225 

approval  by  commissioners,         .          .          .  225 

for  certain  purposes,     .....  225 

pleasure  resorts,  for  acquiring,    .          .          .  225 

power  houses,  car  houses,  park  buildings, 

for, 225 

rolling  stock,  for  additional,  .  .  .  225 

motive  power,  for  changing,  .  .  .  225 

electricity,  for  lighting  towns,  .  .  .  225 

grade  crossings,  for  abolishing,  .  .  .  225 
widening  or  altering  streets,  betterments,  for 

paying,      ......  225 

permanent  investments  or  improvements 

for,  .  225 


370 


INDEX   TO    ELECTRIC    RAILROAD   LAWS. 


BONDS  —  Continued. 

for  certain  purposes,  real  or  personal  property, 

additional  for 225 

refunding  funded  debt,  for,         .          .          .  225 
payment  of  money  borrowed  or  indebted- 
ness incurred,  for,        .          .          .          .  225 
decision  of  commissioners  within  thirty  days,  228 
to  assign  reasons,  specify  amounts,  and  for 

what  purposes,  . 

filing  in  seven  days,  .....  228 
certificate   to  secretary   of   commonwealth 

within  three  days 228 

^no  issue  before  certificate  is  filed,     .          .  228 
premiums,  cash,  added  to    par  value  of  cap- 
ital in  computation,  when,            .          .  61 
proceeds,    application   of,    for   specified   pur- 
poses only,         .....  228 
limit  of  issue  of  bonds,  coupon  notes,  etc.,     60,  228 
certain  bonds  lawfully  issued  excepted,        .  228 
bonds  to  retire  outstanding  evidences  of  in- 
debtedness excepted,            .          .          .  228 
stockholders  to  authorize  issue  by  vote,           .  228 
special  meeting  called  for  the  purpose,          .  228 
floating  debt,  funding,  etc.,  bond  issue  for,     .  60 
mortgages  to  secure,           ....  60 
amounts,  not  less  than  one  hundred  dollars  each,  60 
payable  in  periods  not  exceeding  fifty  years,  60 
interest  not  exceeding  seven  per  cent,  per  year,  60 
payable  annually  or  semi-annually,     .          .  60 
treasurer  to  record  in  office,            ...  61 
to  be  approved  by  person  appointed  therefor,  61 
certificate  of  proper  issue  and  record,            .  61 
securities,  collectible,  though  sold  at  less  than 

par, 61 

of   other   corporations,   railroad   law   not   to 

apply 260 

Registered  Bonds. 

exchange  for  coupon,  etc.,     ....  63,  64 

terms,  regulations,  prescribed  by  directors,  63,  64 

trustees,  if  any,  to  approve,        ...  64 
to  be  in  conformity  with  laws  as  to  coupon 

bonds, 63, 64 

exchange  not  to  affect  mortgage  or  pledge 

given,        ......  64 

coupon  bonds,  cancelled  and  destroyed  at 

exchange,            .....  64 

Mortgages. 

to  secure  bonds  previously  issued,           .          .  64 
trustees   under,    may    enter   upon    property, 

when,        ......  64 

may  contract  with  corporation  to  operate 

road 64 

vote   of  bondholders,   etc.,   prerequisite,  64 

meeting  called  for  the  purpose,         .          .  64 

notice,  publication,  etc.,       ...  64 
liabilities    incurred    in    operation,  claim 

against  income,            ....  64 

subject  to  laws  applying  to  corporations,     .  49 
annual  meeting  of  bondholders  or  creditors, 

to  call, 64 

annual  report  to  be  submitted,             .          .  65 

election  and  confirmation  of  trustees,            .  65 

five  bondholders  may  call,  when,         .          .  65 

notice,  publication,  etc.,    ....  65 
proceedings  confirmed  by  justice  of  supreme 

court,  notice,  etc.,   .    .          .          .          .65 

hearing,  decree,  filing,  etc.,      .  65 


BONDS  —  Concluded. 

equity  jurisdiction  to  enforce,         ...  65 

summary  removal  of  trustee  under  mortgage,  65 

sale  under  foreclosure,  ....  65 

purchaser,  rights,  liabilities,  etc.,         .          .  65 

BOOKS  AND  RETURNS. 

uniform    system,    annual    returns,    etc.     See 

Index  to  Railroad  Laws. 
returns,  refusal  or  neglect  to  make,         .          .       160 

BOYNTON  BICYCLE  RAILWAY. 

provisions,  as  far  as  applicable,  etc.,       .          .       267 

BRANCHES. 

aid  in  construction  of.     See  Index  to  Railroad 

Laws. 
and  extensions.     See  Index  to  Railroad  Laws. 

BRIDGES. 

repair  of,  etc.     See  HIGHWAYS. 
guards  for.     See  OPERATION. 

See  also  Index  to  Railroad  Laws. 


CAPITAL  STOCK. 

fixed  in  agreement  of  association,  .          .          .  253 

subscription,  payment,  etc.,        ...  54 

par  value.     See  FORMATION. 

of  other  corporations,  railroad  law  not   to 

apply 260 

Issue  of. 

amount  determined  by  commissioners,   .         226,  227 

decision  within  thirty  days,  ....  228 
to  assign  reasons,  specify  amounts,  and  for 

what  purposes,  .....  228 

filing  in  seven  days,            ....  228 
certificate   to   secretary   of   commonwealth 

within  three  days,       ....  228 
no  issue  before  certificate  is  filed,     .          .  228 
proceeds,    application    of,    for   specified   pur- 
poses only,          .....  228 
preferred,  authority,     .....  70 
subject  to  all  general  laws  governing  issue,  70 
certificates  to  include  by-laws  or  vote  of  cor-  . 
poration  authorizing  issue,           .          .  70 

Increase  of. 

amount  to  be  determined  by  commissioners,  225 

approval  by  commissioners,  ....  225 

for  certain  purposes,     .....  225 

pleasure  resorts,  for  acquiring,    .          .          .  225 

power  houses,  car  houses,  park  buildings, 

for 225 

rolling  stock,  for  additional,        .          .          .  225 

motive  power,  for  changing,        .          .           .  225 

electricity,  for  lighting  towns,     .          .          .  225 

grade  crossings,  for  abolishing,  .          .          .  225 
widening  or  altering  streets,   betterments, 

for  paying,          .....  225 
permanent  investments   or   improvements, 

for 225 

premiums,  cash,  added  to  par  value  of  capi- 
tal in  computation,  when,    .          .          .  61 
real  or  personal  property,  additional,  for,     .  225 
refunding  funded  debt,  for,          .           .           .  225 
payment  of    money  borrowed  or  indebted- 
ness incurred,  for,        ....  225 


INDEX   TO    ELECTRIC   RAILROAD   LAWS. 


371 


CAPITAL   STOCK  —  Concluded. 

new  shares,  to  be  offered  stockholders,  .  230 
price  not  less  than  market  value,  to  be  deter- 
mined by  commissioners,  .  .  .  230 
certificate  to  company,  record,  .  .  .  230 
notice  to  each  stockholder  of  record,  .  230 
subscription  to  be  within  fifteen  days,  .  230 
payment  in  cash  before  issue  of  certificate,  230 

auction  sale  of  stock,  when,   ....  230 
sale  of  shares  unsubscribed  at,    .          .         230,  231 

notice  by  publication  five  days,  etc.,  .          .  231 

shares  not  to  be  sold  at  less  than  par  value,  231 


CAR  HOUSES. 

stock     or     bond     issues 
STOCK;  BONDS. 


for.     See     CAPITAL 


CARS.     See  HIGHWAYS;  OPERATION. 

equipment    of,    with    safety    appliances,    etc. 

See  Index  to  Railroad  Laws. 
drawing,    compensation,    etc.     See    Index    to 

Railroad  Laws. 
street  sprinkling,  use  of.     See  OPERATION. 

CERTIFICATE. 

as  to  stock  or  bond  issue.  See  CAPITAL 
STOCK;  BONDS. 

as  to  publication.     See  FORMATION. 

of  exigency.     See  FORMATION. 

of  compliance,  preliminary  to  charter.  See 
FORMATION. 

of  directors,  clerk,  treasurer.  See  FORMA- 
TION. 

of  incorporation.     See  FORMATION. 

of  clerk  of  town  as  to  route;  conclusive  evi- 
dence. See  FORMATION. 

of  commissioners  as  to  route.  See  FORMA- 
TION. 

as  to  operation  of  cars.     See  OPERATION. 

CHARTER. 

certificate  of  incorporation.     See  FORMATION. 
by  concurrent  legislation.     See  Index  to  Rail- 
road Laws. 

CITIES. 

clerks  of.     See  FORMATION. 
purchase    of    electricity.      Bee     CORPORATE 
POWERS. 

CLERK. 

of  association  or  corporation.    See  FORMATION; 

CORPORATE  POWERS. 
of  city  or  town.     See  FORMATION. 

CLERK  OF  THE  BOARD. 

certificate  of,  as  to  route.     See  FORMATION. 

COMMON  CARRIERS. 

of  baggage,  etc.     See  CORPORATE  POWERS. 
See  Index  to  Railroad  Laws,   COMMON    CAR- 
RIER. 

COMMONWEALTH. 

rights  reserved  by.  See  Index  to  Railroad 
Laws. 

COMMUTATION  TAX.     See  TAXATION. 


CONCURRENT  LEGISLATION. 

corporations  chartered  by.     See  Index  to  Rail- 
road Laws. 

CONDITIONAL  SALES. 

of  rolling  stock.     See  Index  to  Railroad  Laws. 

CONDITIONS. 

terms,  obligations,  as  to  locations.     See  FOR- 
MATION. 

CONDUCTORS. 

hours  of,  etc.     See  OPERATION. 

See  also  Index  to  Railroad  Laws,  EMPLOYEES. 

CONNECTING  LOCATION.     See  LOCATION. 

CONNECTING  ROADS. 

bonds   of,    guaranteed,    when.     See   Index  to 

Railroad  Laws. 

purchase  of.     See  Index  to  Railway  Laws. 
switch  connections  to  secure  through  route,     .       138 

CONSTRUCTION. 

cost  of,  estimate.     See  FORMATION. 
wires,  poles,  rails,  etc.,  prescribed.     See  FOR- 
MATION. 

CORPORATE  FRANCHISE  TAX.     See  TAX- 
ATION. 

CORPORATE  NAME.     See  FORMATION. 

CORPORATE  POWERS. 

authority  of  companies  defined,     .  252,  259,  260 
powers    and    privileges    of    railroad  corpora- 
tions, except,      .          .          .  252, 260,  261 

Capital  Stock  and  Bonds. 

See  BONDS;  CAPITAL  STOCK. 

Common  Carrier. 

of  baggage,  express  matter  and  freight,  .          .       259 
president,  directors  or  interested  party  may 

apply, 259 

aldermen,  selectmen,  etc.,  to  approve,          .       259 
certificate  of  public  convenience,  etc.,  by 

commissioners,  .....       260 
regulations  and  restrictions  by  local  author- 
ities  260 

approval  by  commissioners,         .          .          .       260 
subject  to  laws  as  to  common  carriers,  etc.,     .       260 
transportation  of  merchandise.     See  Index  to 
Railroad  Laws. 

Electricity. 

cities  and  towns  not  to  manufacture  for  com- 
panies,      ......  203 

cities    and    towns    may  purchase    from  com- 
panies for  lighting  purposes,          .          .  203 
contracts  not  to  exceed  ten  years,        .          .  203 
commissioners  to  approve  terms,  etc.,           .  203 
meters  part  of  distributing  system,  etc.,       .  204 
disagreement,  appeal  to  commissioners,  etc.,  204 
price  to  be  fixed  by  commissioners,  after 

hearing,  etc.,      .....  204 

subject  to  general  laws,  etc.,       .          .          .  204 


372 


INDEX   TO    ELECTRIC    RAILROAD   LAWS. 


CORPORATE   POWERS  —  Concluded. 
Recreation  Grounds. 

companies  may  acquire  pleasure  resorts, 
approval  by  commissioners, 

admission  to  be  free,    ..... 
restrictions,  approval  by  commissioners, 
to  be  imposed  by  aldermen  or  selectmen, 

intoxicating  liquors,  not  to  be  sold  on  grounds, 

land  not  to  be  sold  without  approval  of  com- 
missioners, ..... 

issue  of  stock  or  bonds  for,    .... 

CORPORATIONS. 

officers,  meetings,  etc.  See  Index  to  Railroad 
Laws. 

other,  taking  securities  of.  See  Index  to  Rail- 
road Laws. 

COUPON  BONDS.     See  BONDS. 
CRIMES.     See  Index  to  Railroad  Laws. 

CROSSINGS. 

of  highways,         ...... 

of  navigable  streams,   ..... 

of  railways,  ...... 

of  railroads,          ...... 

of  tide  waters,      ...... 

supervision,  separation,  alteration,  abolition, 

etc.     See  Index  to  Railroad  Laws. 
private,  severance  of  land,  etc.     See  Index  to 

Railroad  Laws. 

Avoidance  of. 

purchase  of  land  for,  outside  public  ways, 
plan   for,  to  be  approved  by  aldermen   or 
selectmen,  ..... 

public  notice,  hearing,  etc., 
consent    of    railroad    corporation    or    other 
company,  ..... 

taking  with  approval  of  commissioners,  notice, 
hearing,     ...... 

description  of  land  to  be  filed  in  registry  of 
deeds,        ...... 

damages,  assessment,  payment,  recovery, 
construction    of    tracks    over   or    under    rail- 
roads, agreement,        .... 

commissioners  to  prescribe,  when, 
overhead  structures,   not   less  than   eighteen 

feet  above  railroad  track,  unless, 
consent  of  commissioners,  when, 
structures  or  alterations  in  highways,  authori- 
zation,      ...... 

aldermen,  selectmen  or  state  highway  com- 
mission may  permit. 


D. 


DAMAGES. 

secured,  prior  to  charter.     See  FORMATION. 

Recovery  of. 

tracks  in  ways,  additional  servitude  when  ele- 
vated, ...... 

lessees,  mortgages,  etc.,  may  recover, 

petition  to  superior  court,  filing  notice, 
answer,  etc.,  ..... 

hearing  by  jury,  if,  etc.,         ..... 

finding,  verdict,  how  rendered, 


186 
186 
186 
186 
186 
186 

186 
225 


253 
253 
253 
253 
253 


231 


231 
231 


231 
231 


231 
231 


231 
231 


231 
231 


231 
231 


267 
267 

267 
267 

267 


DIRECTORS.     See  FORMATION;      CORPORATE 
POWERS. 

DISORDERLY  CONDUCT.     See  OPERATION. 

DISSOLUTION. 

of  corporation.     See  Index  to  Railroad  Laws. 

DIVIDENDS. 

over    eight    per    cent,    additional    tax.      See 

TAXATION. 
stock,     forbidden.      See    Index    to     Railroad 

Laws. 

DRAWBRIDGES. 

provisions  as  to.     See  Index  to  Railroad  Laws. 


E. 


ELECTRICITY. 

as  motive  power.     See  FORMATION. 
sale   of   lighting.     See   CORPORATE   POWERS. 
stock    or    bond    issue    for.     See    CAPITAL 
STOCK;  BONDS. 

EMBANKMENTS,  FENCES,  ETC. 

construction,  etc.     See  Index  to  Railroad  Laws. 

EMPLOYEES. 

laws  as  to;  accidents  to,  liability,  etc.     See 

Index  to  Railroad  Laws. 
transportation  for,         .....        124 

EQUIPMENT. 

inquiry  into 127,  128 

inspection  of,       .          .          .          .          .          .36 

of  cars,  commissioners  may  prescribe  regula- 
tions for, 261 

EQUITY  JURISDICTION. 

as  to  meetings,  etc.,  of  bondholders.  See 
BONDS  (Mortgages). 

as  to  discontinuance  of  tracks.  See  HIGH- 
WAYS. 

as  to  violation  of  laws,  rules,  orders,       .          .       250 

ESTIMATE. 

of  cost  of  construction.     See  FORMATION. 

EXEMPTION.     See  TAXATION. 

EXIGENCY. 

certificate  of.     See  FORMATION. 

EXCISE  TAX.     See  TAXATION.  : 

EXPLOSIVES. 

on  tracks.     See  OPERATION. 

EXPRESS    TRANSPORTATION.     See  COR- 
PORATE POWERS  (Common  Carrier). 

EXTENSION    OF    LOCATION.     See    LOCA- 
TION. 


F. 


FARES. 

fixing,  regulating,  etc.      See  Index  to  Railroad 

Laws. 
evasion  of.     See  Index  to  Railroad  Laws. 


INDEX   TO    ELECTRIC    RAILROAD    LAWS. 


373 


FLOATING  DEBT. 

bond  issue  for  funding.     See  BONDS. 

FORECLOSURE.     See  BONDS  (Mortgages). 

FORMATION. 

of  companies,       .....         252-261 
associates,  fifteen  or  more,  .          .          .       252 

authority  and  powers  of,   .          .          .          .       252 
motive    power,    electricity    or,    other    than 

steam 252 


Agreement  of  Association. 


contents  of.          .... 

to  state  intention,      ..... 

corporate  name,  not  similar  to,  etc., 
to  contain  words  "electric  railroad  com- 
pany,"      ...... 

term  in.  length,  etc.,       .... 

name  of  county,  city  and  town  where  lo- 
cated,       ...... 

gauge,  four  feet  eight  and  one-half  inches, 

amount   of   capital,    not   less    than    ten 

'  thousand  dollars,         .... 

par  value  of  shares,  one  hundred  dollars, 
names  and  residences  of  directors, 
to  be  subscribers  to  agreement,     . 
to  serve  until  organization  of  company, 
associate,  each,  to  subscribe  to,      . 
name,  residence,  post-office  address,    . 
number  of  shares  he  agrees  to  take,     . 
not   to  pay  more  than  ten  per  cent,  unless, 
publication  of,  before  application  to  commis- 
sioners,     ...... 

in  each  city  and  town,  unless,     . 
newspaper    to   be   designated   by    commis- 
sioners, when,     ..... 

sworn   certificate   of   clerk   conclusive   evi- 
dence as  to,        . 

Certificate  of  Exigency. 

application  to  commissioners, 

within  thirty  days  of  publication  of  agree- 
ment,         ...... 

map  to  be  filed  with  application, 

to  show  highways,  railroads,  railways  to 
be  crossed,          ..... 

to    show    navigable    streams    and     tide 

waters  to  be  crossed, 

extent  of  route  on  private  land,        .       -   . 

extent    longitudinally,   public  ways  and 

places,       ...... 

profile  to  be  filed,  showing  grades, 
estimate  of  cost  of  construction  to  be  filed, 
additional  maps  and    information  to  be  fur- 
nished,      ...... 

change  or  modification  of  route,  when,  . 
certificate  of  public  convenience  and  neces- 
sity, ...... 

no  further  proceedings  if  refused, 
application  may  be  renewed  one  year  after 
refusal,      ...... 

Certificate  of  Incorporation. 

capital,  total  named  in  agreement  to  be  sub- 
scribed,    ...... 

ten  per  cent  to  be  paid  in  cash  before, 
certificate  of  directors,  clerk  and  treasurer, 
good  faith  of  associates  to  be  shown, 


252, 


253 
252 
252 

252 
252 

252 
252 

253 
253 
253 
253 
253 
253 
253 
253 
253 

253 
253 

253 
253 


253 

253 
253 

253 

253 
253 

253 
253 
253 

253 
253 

253 
253 

253 


64 

.54 
54 

54 


FORMATION  —  Continued. 

publication  of  agreement,  certificate  of,  to  be 

filed 54 

route,  certificates  fixing,  to  be  filed,         .          .  54 
report  of  engineer  and  map,  to  bs  deposited,  54 
certificate  of  compliance,   issued  by  commis- 
sioners,     ......  54 

damages,  payment  of,  to  be  secured,  .          .  54 

to  be  annexed  to  agreement  of  association,  54 
to  be  filed  with  secretary  of  commonwealth ; 

fee, r          .54 

to  be  open  to  public  inspection,  .  .  54 
issued  by  secretary  of  commonwealth,  .  .  259 
to  contain  words  "electric  railroad  compa- 
nies," etc.,  .....  259 
seal  of  commonwealth  to  be  affixed,  .  .  55 
to  have  force  and  effect  of  a  special  charter,  55 
recording;  copy  to  be  conclusive  evidence  of 

existence  of  corporation,       ...  55 


Fixing  the  Route. 

application  to  local  boards,  when,           .          .  253 
within  sixty  days  after  certificate  of    exi- 
gency,      ......  253 

maps  and  profile  to  be  filed,        .          .          .  253 

other  information  upon  request,           .          .  254 

notice  of  hearing,  fourteen  days,    .          .          .  254 

publication  of  notice,          ....  254 

commissioners    to    designate    newspapers, 

when,        ......  254 

written  notice  to  abutting  owners,       .          .  254 
to  be  mailed  by  clerk  of    city  or  town, 

seven  days  before  hearing,  .          .          .  254 
ownership,  how  determined,    .          .          .  254 
certificate  of  clerk  to  directors  as  to,  con- 
clusive evidence,          ....  254 

agreement  by  aldermen,  etc.,  as  to  route,         .  254 

assent  of  directors  to  requirements  as  to  route,  254 

approval  of  route  by  commissioners  thereafter,  254 
change   in,  to  include  other  cities  or  towns, 

etc., 255,  256 

application  to  commissioners,  when,        .         255,  256 
permission  to  apply  again  to  local  authorities, 

when .  256 

map,  etc.,  to  be  furnished,  hearing  on  appli- 
cation, authority,  etc.,        .          .          .  256 
subsequent  proceedings  before  local  boards,   .  256 
no  obligation  to  construct  on  original  route,  .  256 
commissioners'  order  to  act  as  amendment,  256,  257 
certified  copy  to  be  attached  to  agreement 

of  association,    .....  257 

certificate  setting  forth  route  as  fixed,     .          .  254 

no  further  proceedings  necessary,         .          .  254 
agreement    with    directors    as    to     different 

route,        ......  254 

failure  to  agree  within  ninety  days,          .         254,  255 
as  to  requirements  for  highway  locations, 

approved  by  commissioners,          .          .  254 
application  to  commissioners,  public  notice 

and  hearing,       ....        254,  255 

fixing  of  route,  grades,  construction,  etc.,     .  255 
no  change  without  approval  of  commis- 
sioners, after  notice  and  hearing,           .  255 
certificate  as  to  route,            ....  255 

clerk  of  commissioners  to  certify  to  directors,  255 
longitudinally   upon   ways   by   consent   of 

local  authorities,          ....  255 

not  fixed  until  requirements  are  approved 

by  commissioners,        ....  255 


374 


INDEX   TO    ELECTRIC    RAILROAD    LAWS. 


FORMATION  —  Concluded. 

Location  in  Public  Ways. 
aldermen   or   selectmen   to   determine   public 

necessity,  .....       258 

construction,   wires,   poles,   rails,   etc.,   to  be 

prescribed  .....         258,259 
terms,  conditions  and  obligations  may  be  im-       259 

posed, 
to  be  approved  by  commissioners,     .          .       259 

FREIGHT    TRANSPORTATION.     See  COR- 
PORATE   POWERS    (Common    Carrier). 

G. 

GAUGE.     See  FORMATION. 

GENERAL  COURT. 

petitions  to,  contents,  etc.  See  Index  to  Rail- 
road Laws. 

GRADE  CROSSINGS. 

abolition  of,  stock  or  bond  issue  for.  See 
CAPITAL  STOCK;  BONDS;  Index  to 
Railroad  Laws, 

stops  at.     See  OPERATION. 

regulation  of.     See  Index  to  Railroad  Laws. 

GRAIN  ELEVATORS. 

as  to,  railroad  law  not  to  apply,     .          .          .       260 

GRAVEL. 

transportation  of.     See  TRANSPORTATION. 

H. 

HIGHWAY  COMMISSIONERS. 

State.     See  LOCATION;  CROSSINGS. 

HIGHWAYS.     See  PUBLIC  WAYS. 
crossing  of.     See  CROSSINGS. 
locations  on.     See  FORMATION. 
widening.     See  LOCATION. 
state.     See  LOCATION. 

Cars,  Speed,  Use  of. 

rules  by  aldermen  or  selectmen,  as  to,    .          .  209 
approval,  revision,    alteration    by    commis- 

sioners,     ......  209 

by-laws  as  to  speed,  etc.;  penalty,  .          .  209 

obstruction  of  highways  by  cars,  etc.;  penalty,  214 


railroad  law  not  to  apply, 


261 


occupation  by  cars,  railroad  law  not  to  apply,      261 

Snow. 

clearing  from  tracks,  regulations  by  superin- 

tendent, etc.,  ....  209,  210 
limit  of  amount  removed  by  companies,  .  210 
transmission  of  rules  to  company,  when,  .  210 
copy  filed  with  commissioners,  .  .  .  210 
appeal  to  commissioners  by  company,  when,  210 
notice,  hearing,  findings,  amendments,  etc.,  210 
in  force  for  one  year,  .  .  .  .210 


Discontinuance  of  Tracks. 

voluntary,  removal,  after  six  months,    . 
restoration  of    surface  at  expense  of    com- 
pany,          


210 
210 


HIGHWAYS  —  Concluded. 

refusal  to  operate  upon  request,  appeal,  .       210 
two  or  more  municipalities  may  join  in  ap- 
peal  210,211 

equity  jurisdiction  to  enforce,     .          .         210,  211 
decree,  notice,  hearing,  decision,  etc.,  .       211 

temporary  discontinuance  of  use,  when,        .       211 
discontinuance  of  highway  where  located, 

town  not  liable,  .          .          .          .211 


211 


211 


Repair  of  Bridges. 

surface  material,  companies  not   required  to 
repair,       ...... 

to  be  replaced  by  company  when  disturbed, 
exception,  ..... 

opening  of  street,  highway  or  bridge  for  re- 
pairs or  renewals,        .          .          .          .211 
permits  from  local  authorities,    .          .          .       211 

liability  of  company  for  loss  or  injury,  when,  211,  212 

obligation  to  construct  and  maintain  certain 

bridges 211,212 

defective  streets  or  bridges,  liability  of  com- 
pany, damages,  .          .          .         211, 212 
commonwealth,     city,     town,     railroad     or 
bridge  corporation,  may  recover  from 
company,  when,  .          .          .          .212 

guards  or  railings  upon  bridges  and  draws,       .       212 


I. 

ICE. 

transportation  of.     See  TRANSPORTATION. 

INCORPORATION. 

certificate  of,  etc.     See  FORMATION. 

INCREASE      OF      STOCK.      See      CAPITAL 
STOCK. 

INQUESTS.     See  Index  to  Railroad  Laws. 

INSPECTION    OF    EQUIPMENT.      See    In- 
dex to  Railroad  Laws. 

INSPECTORS. 

appointment,  duties,  etc.  See  Index  to  Rail- 
road Laws. 

INTERESTED  PARTIES. 

mayor  and  aldermen,  selectmen,  abutters,  so 
considered,  ..... 

railroad  corporations,  street  railway  com- 
panies, so  considered, 

ISSUE  OF  BONDS.     See  BONDS. 

ISSUE  OF  STOCK.     See  CAPITAL  STOCK. 


266 
266 


J. 


JOINT  USE  OF  TRACKS. 

permission  for,     .....  186,  187 

rules  and  regulations  determined  by  commis- 
sioners,     .          .          .          .          .  .186 

to  secure  through  route,        .          .          .  .138 

JURISDICTION. 

of  commission,    .          .          .           .          .  .       2,  3 


INDEX   TO    ELECTRIC    RAILROAD    LAWS. 


375 


L. 


LAND  TAKING. 

for  avoidance  of  crossings.     See  CROSSINGS. 
damages,  etc.     See  Index  to  Railroad  Laws. 

LEASE  OR  PURCHASE. 

of   connecting   lines.     See   Index   to   Railway 
Laws. 

LENGTH  OF  RAILROAD.     See  FORMATION. 


LIENS. 

for  labor  and  materials. 
road  Laws. 


See  Index  to  Rail- 


LOCAL  AUTHORITIES. 

duties  as  to  route,  etc.     See  FORMATION. 

LOCATIONS. 

fixing.     See  FORMATION. 
in  ways.     See  FORMATION. 
restrictions    as    to.     See    Index    to    Railroad 
Laws. 

Connecting  Location. 

application  to  commissioners,  when,        .          .  185 

notice,  hearing,  etc.,  ....  185 

abutters  to  be  notified,       ....  185 

decree  of  public  necessity  and  convenience,     .  185 
appliances,    conditions,    obligations,    speci- 
fied,             185 

void,  unless  accepted  within  thirty  days,  .      .  185 

to  secure  through  route,        ....  138 

Street  Widening. 

decision  of  public  necessity  and  convenience,  207 
expense,  share  may  be  assessed  on  company, 

when,         ......  207 

not  to  exceed  one-half  cost,  etc.,          .          .  207 
alteration,    grade,    etc.,    expense,    company 

may  share,  when,        ....  207 

betterments,  assessments  not  to  exceed,  .  207 
total  assessment,  not  to  exceed  one-quarter 

of  cost .          .207 

betterment  law  to  apply,  when,      .          .          .  207 

collection  of  assessments,       ....  207 

State  Highways. 

streets  to  become  state  highways,  location  on,  208 
application  to  highway  commissioners,  when,  208 
location  and  grade  to  be  fixed,  .  .  .  208 
agi  cement  as  to  cost  of  construction,  .  .  208 

as  to  damages,  etc.,  ....       208 

to  remain  a  town  way,  until,  .          .          .       208 

commissioners  to  have  powers  of  selectmen, 

etc 208 

permit  to  open  highway  for  construction,         208,  209 

regulations,  supervision,  expense,  etc.,         208,  209 

Extension  of  Location. 

fifty  voters,  company,  may  petition  aldermen 

or  selectmen  for,          ....  204 

public  notice  and  hearing,            .          .          .  204 

grant,  conditions,  terms,  etc.,          .          .          .  204 

restricted  to  those  in  original  location,  etc.,  204 
approval  by  commissioners,  notice,  hearing,  204,  205 

alteration  in  grant,  notification,  hearing,     .  205 

void  unless  accepted  in  sixty  days,          .          .  205 

void  unless  approved  by  commissioners,          ,  205 


LOCATIONS  —  Concluded. 

Alteration  of  Location. 

petition    to   aldermen,    etc.,   by    company   or 

interested  party,          ....       205 

public  notice,  hearing,  decision,  .          .       205 

time  for,  expense,  etc.,  ....       205 

approval  by  commissioners,  notice,  hearing,  205,  206 

amendment    to    alteration    before    certificate, 

notice,  hearing,  ....       206 

void  unless  accepted  within  sixty  days,  .       206 

Revocation  of  Location. 

action  by  local  board  after  one  year  from 

opening 206,207 

public  notice,  hearing,        .          .          .        206, 207 
company  may  consent  within  thirty  days,       .       207 
void    unless    approved    by    commissioners, 

notice,  hearing,            ....       207 
removal  of  tracks,  restoration  of  surface,          .       207 
work  done  at  company's  expense,  upon  neg- 
lect  207 

expense  recovered  in  action  of  tort,     .          .       207 
for  voluntary  discontinuance  of  use,  after  six 

months,  ...       210 


LOCOMOTIVE  BOILERS. 

testing,  railroad  law  not  to  apply, 


260,  261 


LONGITUDINAL  LOCATIONS. 

in  ways.     See  FORMATION. 

railroad  law  not  applicable,  .          .          .        260,  261 
accidents,  liability  to  towns,  railroad  law 


not  applicable,  . 


261 


M. 


MAILS. 

transportation    of.     See    Index    to    Railroad 
Laws. 

MAP.     See  FORMATION. 

MEETINGS.     See  FORMATION;  BONDS. 

See  also  Index  to  Railroad  Laws. 

METROPOLITAN  PARKS.     See    TAXATION. 

MILITARY  SUPPLIES. 

transportation  of,  187 

regulations    may    be    imposed    by    commis- 
sioners,     ......       188 

MISSILES. 

throwing,    penalty.     See    Index     to   Railroad 
Laws. 

MORTGAGES.     See  BONDS. 

MOTIVE  POWER.     See  FORMATION. 

stock  or  bond  issue  for  changing.     See  CAP- 
ITAL STOCK;  BONDS. 

MOTORMEN. 

hours  of.     See  OPERATION. 

See  also  Index  to  Railroad  Laws,  EMPLOYEES. 

MUFFLERS. 

with    vacuum    brakes,  railroad    law    not    to 

apply,        ...-••       261 


376 


INDEX   TO    ELECTRIC    RAILROAD    LAWS. 


NAME.     See  FORMATION. 

change  of.     See  Index  to  Railroad  Laws. 

NAVIGABLE  STREAMS. 

crossing  of.     See  CROSSINGS;  FORMATION. 

NEWSPAPERS. 

notices    in,     designation    by    commissioners, 
when.     See  FORMATION. 

NOTICE. 

of  hearings  as  to  route,  etc.  See  FORMATION. 
of  agreement  of  association.  See  FORMATION. 
to  stockholders,  of  increase.  See  CAPITAL 

STOCK  (Increase  of). 
of  auction  sale  of  stock.     See  CAPITAL  STOCK. 


o. 


OBSTRUCTION. 

of  highways  by  cars.     See  HIGHWAYS  (Cars). 

OCCUPATION. 

of  highways  by  cars.     See  HIGHWAYS  (Cars). 

OFFICERS. 

duties,  etc.     See  Index  to  Railroad  Laws. 

OPERATION. 

certificate  of  commissioners    before    opening 

for  public  use,    .....       209 

speed  of  cars,  regulations  by  local  authorities,       209 
guards  or  railings  upon  bridges  and  draws,      .       212 
commissioners  to  approve;  penalty,    .          .       212 
grade  crossings,  stops  at,  within  one  hundred 

feet;  penalty,     .....       213 

approach  of  cars,  warning,    ....       213 

local  regulation,  approval  by  commissioners,       213 
occupation  of  highways  by  cars,  railroad  law 

not  to  apply,      .          .          .          .          .261 

obstruction  of  highways  by  cars,  etc. ;  penalty,       214 

railroad  law  not  to  apply,  .          .          .261 

obstruction  of  tracks;  penalty,        .          .        213, 214 

which  endangers  life;  penalty,    .          .          .       214 

explosives,  placing  upon  tracks;  penalty,        .       214 

loitering  in  stations  or  waiting  rooms,   etc.; 

penalty,    ......       214 

disorderly  conduct,  etc.,  in  cars;  penalty,  .  214 
sales  upon  cars  by  children;  penalty,  .  .214 
fenders,  wheel  guards,  brakes,  emergency 

tools 214,215 

heating  of  cars,  rules  for;  penalty,  .          .       216 

platforms,  enclosed  when,  rules;  penalty,        216,  217 
decisions  of  commissioners,  force  and  effect; 

penalty,    ......       217 

conductors   and   motormen,    hours   of    labor, 

exceptions,  etc.,  .          .          .        217,  218 

street  sprinkling  cars,  use  of,  contracts,  .       187 

regulations   and   restrictions,    approval    by 

commissioners,   .....       187 

OVERHEAD  STRUCTURES. 

less   than  eighteen  feet  above  track,  when. 
See  CROSSINGS. 


P. 


PARKS. 

acquisition  of,  etc.     See  CORPORATE  POWERS. 
metropolitan.     See  TAXATION. 

PAR  VALUE. 

of  shares.     See  FORMATION. 
stock   not   sold   at   less   than      See    CAPITAL 
STOCK  (Increase  of). 

PASSENGERS. 

transportation  of,  etc.     See  Index  to  Railroad 
Laws. 

PENALTY. 

as    to    locomotive    boilers,    mufflers,    safety 

valves,  not  to  apply,  .          .          .          .261 

for  loitering  in  stations,   disorderly  conduct, 
etc.     See  OPERATION. 

for   violation   of   various  laws.     See  OPERA- 
TION. 

for  loss  of  life  by  accident.     See  Index  to  Rail- 
road Laws. 

for  neglect  of  regulations.     See  OPERATION. 

for  various  offences.     See  Index  to  Railroad 
Laws. 

See  also  CRIMES. 

PLATFORMS. 

enclosed,    approval    by    commissioners.     See 
OPERATION. 

PLEASURE  RESORTS. 

acquisition  of,  etc.     See  CORPORATE  POWERS. 
stock    or    bonds    for.     See    CAPITAL    STOCK; 
BONDS. 

POLICE. 

railroad.     See  Index  to  Railroad  Laws. 

POWER  HOUSES. 

stock  or  bond  issues  for.     See  CAPITAL  STOCK; 
BONDS. 

POWERS.     See  CORPORATE  POWERS. 


PREMIUMS. 

cash  to  be  added   to  par   value  of  capital  in 
computation  when,     .... 

PRIVATE  LAND. 

construction  wholly  or  partly  upon, 
one-half  at  least  upon,  .... 

See  TAXATION. 

PRIVATE  RAILROADS. 

provisions    as    to.     See    Index    to    Railroad 
Laws. 

PROFILE.     See  FORMATION. 

PROPERTY,  REAL  OR  PERSONAL. 

stock   or    bonds    for.     See    CAPITAL    STOCK; 
BONDS. 

PUBLICATION. 

of    agreement    of    association.     See    FORMA- 
TION. 
of  notice  as  to  route,  etc.     See  FORMATION. 


til 


252 
252 


INDEX   TO    ELECTRIC    RAILROAD    LAWS. 


377 


PUBLIC  CONVENIENCE. 

certificate  of.     See  FORMATION. 

PUBLIC  NECESSITY. 

certificate  of.     See  FORMATION. 

as  to  connecting  location.     See  LOCATION. 

PUBLIC  SERVICE  COMMISSION. 

powers,   duties,    etc.     See   Index   to   Railroad 
Laws,  PUBLIC  SERVICE  COMMISSION. 

PUBLIC  WAYS. 

construction  wholly  or  partly  upon,         .          .       252 
extent  to  be  shown,  ....       253 

PURCHASE. 

of  connecting  lines.      See  Index  to  Railway 
Laws. 

PURCHASER. 

after  foreclosure,  rights,  liabilities,  etc.     See 
BONDS  (Mortgages). 


R. 

RAILROAD  COMMISSIONERS. 

appointment,  duties,  powers  in  general.     See 

Index  to  Railroad  Laws. 

accidents,  may  make  rules  to  prevent,  .  .  261 
may  make  regulations  as  to  equipment,  bells, 

whistles,  signals,          .          .          .          .261 
grade  crossings,  regulations,  supervision.     See 

Index  to  Railroad  Laws. 

returns,  action  on  neglect  of,  ...  249 
revision  of  excise  tax,  ....  265,  266 
taxation,  distribution,  when,  .  .  .  266 

Approval. 

bond  issues,  of, 225-227 

electricity,  contracts  for,  .  .  .  .  203 
freight  transportation,  etc.,  .  .  .  259, 260 
locations,  of,  ...  185,  205,  206,  255-259 

revocation  of 206,  207 

land  taking,  avoidance  of  crossing,          .          .231 
motive  power,      ......       252 

name,  .......       252 

newspapers,    for    publication    of    agreement, 

when 253 

for  publication  as  to  route,  when,        .          .       254 
overhead  structures  for  crossing,    .          .          .231 
rails,  guards,  for  bridges.     See  OPERATION. 
route,  of,     ...          ...        254-257 

speed,  regulation  of,      .          .          .          .          .       209 

stock  issues,  amount,  etc.,     ....      ,227 

increase,  price,  etc.,  .....       230 


Appeal. 

connecting  location,  as  to,     . 
electricity,  as  to  contracts,    . 
route,  as  to, 
snow,  removal  of,  as  to, 


.  185 
.  203 
254-257 
209,  210 


Certificate. 

of  exigency  (public  convenience  and  neces- 
sity)  

See  also  FORMATION. 

of  compliance,   for  charter.     See  FORMATION. 

See  also  Index  to  Railroad  Laws,  PUBLIC 
SERVICE  COMMISSION. 


253 


RAILROADS. 

crossing  of.     See  CROSSINGS. 

RAILWAYS. 

crossing  of.     See  CROSSINGS. 

RECREATION  GROUNDS. 

acquisition  of,  etc.     See  CORPORATE  POWERS. 
stock    or    bonds    for.     See    CAPITAL    STOCK; 
BONDS. 

REFUNDING. 

of  bonds.     See  BONDS. 

RELIEF     CORPORATIONS.      See    Index  to 
Railroad  Laws. 

REMEDIES. 

additional,  when  laws  are  violated,          .          .       249 
returns,  refusal  or  neglect  to  make,          .          .       249 
amendment  of,  refusal,  etc.,        .          .          .       249 
commissioners  to  present  facts  to  attorney- 
general  for  action,       ....       249 
jurisdiction  in  equity  to  compel  observance 

of  law, 250 

to  restrain  violation  of  all  laws,  .          .       250 

as    to    orders,    rules,    regulations   by    local 

boards 250 

as  to  orders  of  commissioners,    .          ,          .       250 
to  review,  annul,  modify  or  amend  rulings 

of  state  boards,  ....       250 

REGISTERED  BONDS.     See  BONDS. 
RETURNS.     See  BOOKS  AND  RETURNS. 

REVOCATION  OF  LOCATION.     See   LOCA- 
TION. 

ROLLING  STOCK. 

stock    or    bond   increase    for.     See    CAPITAL 

STOCK;  BONDS. 
conditional  sales  of.     See  Index  to  Railroad 

Laws. 
attachment  of.     See  Index  to  Railroad  Laws 

ROUTE.     See  FORMATION. 

change  or  modification  of.     See  FORMATION. 
certificates  as  to.     See  FORMATION. 
fixing.     See  FORMATION. 

general  law  as  to  laying  out  railroads.  See 
Index  to  Railroad  Laws. 

s. 

SAFETY  APPLIANCES,    SAFEGUARDS. 

provisions  as  to.     See  Index  to  Railroad  Laws. 

SAFETY  VALVES. 

for  locomotives,   railroad  law  not  to  apply,       261 

SALE. 

under  foreclosure.     See  BONDS  (Mortgages). 

SECRETARY  OF  COMMONWEALTH. 

to  issue  charter  certificate,  etc.  See  FORMA- 
TION. 

certificates  for.  See  FORMATION;  CAPITAL 
STOCK;  BONDS. 

certificate  as  to  assessment.     See  TAXATION. 


378 


INDEX   TO    ELECTRIC   RAILROAD   LAWS. 


SELECTMEN. 

duties  as  to  route,  etc.  See  FORMATION 
(Fixing  the  Route) ;  LOCATION. 

state  highway  commissioners  have  powers  of. 
See  LOCATION. 

duties  as  to  alteration,  extension  and  revoca- 
tion of  location.  See  LOCATION. 

overhead  crossings,  action  as  to.  See  CROSS- 
INGS. 

speed,  action  on.     See  HIGHWAYS. 

SHARES.      See  CAPITAL  STOCK. 
taxation  of.     See  TAXATION. 

SIGNALS. 

commissioners  to  make  rules  as  to,        .          .          261 
at  crossings.     See  Index  to  Railroad  Laws. 
injury  to.     See  Index  to  Railroad  Laws. 

SNOW. 

removal  of.     See  HIGHWAYS. 

application  of  tax  for.     See  TAXATION. 
transportation  of.     See  TRANSPORTATION. 

SPECIAL    CHARTERS.     See  Index  to  Rail- 
road Laws. 

SPEED  OF  CABS.     See  HIGHWAYS. 
STATE  HIGHWAYS.     See  LOCATION. 

STATIONS. 

provisions    as    to.     See    Index    to    Railroad 

Laws. 
loitering  in.     See  OPERATION. 

STOCK.     See  CAPITAL  STOCK. 

STOCK  DIVIDENDS. 

or  scrip,  forbidden,  when,  liability,  etc.  See 
Index  to  Railroad  Laws. 

STOCKHOLDERS. 

new    stock    for.     See    CAPITAL    STOCK    (In- 
crease), 
vote  on  bond  issue.     See  BONDS. 

STONES. 

transportation  of.     See  TRANSPORTATION. 

STOPPING  TRAIN. 

wilfully,  ra:lroad  law  not  to  apply,          .          .       261 

STREET  SPRINKLING  CARS. 

use  of.     See  OPERATION. 

STREET  WIDENING.     See  LOCATION. 

betterments,  stock  or  bonds  for  paying.  See 
CAPITAL  STOCK;  BONDS. 

SUBSCRIBERS.     See    FORMATION     (Agree- 
ment of  Association). 

SUPERIOR  COURT. 

appeal  to,  as  to  taxation.  See  TAXATION; 
EQUITY. 


SUPREME  JUDICIAL  COURT. 

equity   proceedings   as   to   mortgaged    roads,          65 
See  BONDS  (Mortgages). 
See  EQUITY. 

SWITCHES,  BRIDGE  GUARDS. 

provisions    as    to.     See    Index    to    Railroad 
Laws. 


T. 


TAXATION. 

date  of  assessment,  first  day  of  April,    .          .       233 
of  underground  conduits,  etc.,        .          .          .       240 

Corporate  Franchise  Tax. 

annual  returns  to  tax  commissioner,  contents, 

oath,  etc.,            .          .          .           145, 261-263 
length  of  line  to  be  returned,          .          .         145,  262 
without  commonwealth,  to  be  returned,      145,  262 
upon  private  land,  to  be  returned,       .         145,  262 
operated  in  each  city  or  town,  to  be  re- 
turned,       145, 262 

how  determined,  owned  or  leased,  etc.,        145,  262 
shares,  market  value,  to  be  ascertained,  145,  146,  262 
fair  cash  value  to  be  estimated,  146,  147,  262 

taken  as  true  value  of   corporate  franchise, 

deductions 147,  262 

real  estate  and  machinery,  local  assessment 

taken  when,       ....         147, 262 

appeal  from  local  valuation,  when,          .         147,  262 

to  county  commissioners  or  superior  court,  147,  262 

costs 262 

tax  commissioner  may  be  heard,          .         147,  262 
tax,  rate,  how  determined,    .          .          .         148,  263 
tax    commissioner    may    certify    preceding 

tax,  deductions,  etc.,  .          .         148, 263 

assessors  of  cities  and  towns,  return  by,     148,  263 

Additional  Corporate  Franchise  Tax. 

when  dividends  exceed  eight    per  cent  upon 

capital 238,  263 

excess  to  be  determined  by  tax  commis- 
sioner,        238,  263 

real  estate  and  machinery,  appeal  from  local 

valuation,  when,          .          .          .         239, 263 

upon  notice  of  abatement  of  valuation,  etc.,  .       239 

Exemption  and  Apportionment. 

no  local  assessment  when  corporate  franchise 

tax  is  paid,  .....  264 

private  land,  line  upon,  tax  how  distributed,       264 

public  ways,  line  upon,  tax  how  distributed,       264 

metropolitan  parks,  etc.,  line  in,  tax  how  dis- 
tributed,   264 

Wachusett  Mountain  reservation,  line  in,  tax 

how  distributed 264 

stock  held  by  co-partners,  guardians,  execu- 
tors, etc.,  how  credited,  .  .  .  264 

tax,  how  distributed,  appeal,  etc.,  .          .       264 

Commutation  Tax. 
return  of  length  of  track,  gross  receipts,  etc., 

to  assessors,        .          .          .  242,  264, 265 

.income  from  sale  of  power,  rental,  etc.,  ex- 

cepted, 242,  265 

excise  tax,  how  determined,  .          .        242,  265 

in  addition  to  taxes  otherwise  provided,  243,  265 


INDEX   TO    ELECTRIC    RAILROAD    LAWS. 


379 


TAXATION  —  Concluded. 

revision  of  tax  by  commissioners,  .         243,  265 

petition,  public  notice,  hearing,  .         243,  265 

aldermen,     selectmen     or     company,     may 

apply 243,  265 

percentage    of    gross    receipts    to   be    paid, 

how  determined,          .          .          242,  243,  265 
not  to  be  changed  for  three  years,  .        243,  265 
ommissionera  may  fix  distribution,  on  appli- 
cation by  city  or  town,         .          .        243,  266 
notice,  hearing,  etc.,             .          .          .        243,  265 
notification  of   amount    to  collector  by  asses- 
sors  243,  266 

notification  to  treasurer  of  company,      .        243,  266 
tax  payable  within  thirty  days,  collection,  243,  266 

Application  of  Taxes. 

to  construction,  repair,  maintenance   of    cer- 
tain ways  and  places,  .          .         244,  266 
to    removal    of    snow    from    such    ways    and 

244,  266 


Tax  Commissioner. 

annual  returns  to,  contents,  oath,  etc.,  261,  262 

value  of  shares,  to  ascertain  and  estimate,      147,  262 

appeal,  may  require  prosecution  of,  and  be 

heard 147,  262 

to  determine  as  to  additional  corporate  fran- 
chise tax,  ....  238, 262 

local  valuation  of  real  estate  and  machinery, 

appeal,  may  direct,  .  .  147,  239,  262 

tax,  distribution  to  cities  and  towns,  notifica- 
tion, certificate,  ....  264 

board  of  appeal,  duties  as  to  tax,    .          .          .       264 

TAX  COMMISSIONER.     See  TAXATION. 
TERMINI.     See  FORMATION. 

TIDE  WATERS. 

crossing  of.     See  CROSSINGS;  FORMATION. 

TOWNS. 

clerks  of.     See  FORMATION. 
purchase     of     electricity.      See     CORPORATE 
POWERS. 

TRACK,  WALKING  ON. 

not  within  limits  of  highway;  penalty,  .         153,  261 
company  not  liable  for  death,  when,       .    40,  41,  261 


TRACKS. 

discontinuance  of.     See  HIGHWAYS. 
joint  use  of,          .... 


186,  187 


TRAIN. 

stopping,  wilfully,  railroad  law  not  to  apply,       261 


TRANSPORTATION. 

of  baggage  and  express  matter.     See  CORPO- 

RATE POWERS  (Common  Carrier). 
of  gravel,  snow,  ice,  stones,  etc.,  .          .        187 

delivery    to    connecting    lines,    etc.,  .        187 

contracts  with  cities,  towns  and  state  high- 

way commission  for,  ....       187 
of  mails.     See  Index  to  Railroad  Laws. 
of  passengers.     See  Index  to  Railroad  Laws. 
of  military  supplies,      ....         187,  188 

TREASURER.     See  FORMATION;  BONDS. 


TRUSTEES. 

under  mortgage,  powers,  duties.     See  BONDS. 
subject  to   laws  applying  to  corporations,   . 


49 


VESTIBULES. 

approval  by  commissioners. 


See  OPERATION. 


VOLUNTARY  ASSOCIATIONS. 

written  instruments  or  declarations  of  trust, 
copy  filed  with  commissioner  of  corpo- 
rations, ......  162 

copy  filed  with  clerk  of  city  or  town  where 

located,     ......       162 

annual  statements  filed  with  commissioner  of 
corporations  and  with  commissioners, 
when;  penalty,  ....  162 

copies  to  be   transmitted   to  secretary   of 

commonwealth,  publication,          .        162,  163 
certain  corporations  not  to  acquire  more  than 
ten  per  cent  of  total  stock  of  railroad 
corporation,        .....       163 
name  or  title  not  to  be  like  that  of  public 

service  corporation  controlled,  etc.,     170,  171 

commissioners    to    investigate    question    of 

violation  of  above;  penalty,  .          .    171 

violations  to  be  reported  to  attorney-general, 

recovery  or  forfeiture,  injunction,  etc.,       171 

adopted  prior  to  act  not  affected,        .          .       171 

See  Index  to  Railroad  Laws,  VOLUNTARY 
ASSOCIATIONS. 

VOTERS. 

may  ask  extension  of  location.  See  LOCA- 
TION. 

w. 

WACHUSETT       MOUNTAIN      RESERVA- 
TION.    See  TAXATION. 

WHISTLES. 

railroad  law  not  to  apply,      ....       261 
commissioners  to  prescribe  rules  as  to,    .          .       261 

WIDENING,  STREET.     See  LOCATION. 


INDEX  TO  TELEPHONE  AND  TELEGRAPH 

LAWS, 


A. 


APPLICATION. 

of  laws  to  persons,  partnerships,  etc.,       .          .      272 

AUTHORITY. 

of  commissioners.  See  Index  to  Public 
Service  Commission  Law;  Index  to  Rail- 
road Laws. 

See  also  CONSTRUCTION  OF  ACT. 


B. 


BONDS. 

coupon  notes  and  other  evidences  of  indebted- 

ness ......          268, 

issue  of,  amount,  etc.,  .... 

commissioner  of    corporations,  duties   as  to, 
transferred,        ..... 

amount  reasonably  necessary,  determination, 

decision  within  thirty  days  of  final  hearing, 

in  writing  and  to  assign  reasons,         .          . 

amount  and  purposes  to  be  specified,  268, 

proceeds,  application  of,  etc.,      .          .          . 

filing  in  office  of  commission,      .          .          . 

with  secretary  of  the  commonwealth,        . 

entered  upon  records,          .... 

application  of  proceeds,      .... 

not  applied  for  purpose,  to  be  specified,    . 
supreme  judicial  court,  jurisdiction,     .  . 

BOOKS. 

of  common  carriers,  may  be  examined,    .          . 

may  compel  production  of,  etc.,  .          . 

witnesses  as  to,  compelled  to  attend,  .  . 

of  state  departments,  access  to,  in  making  val- 

uation, etc.,        ..... 


269 
268 

269 
268 
268 
268 
269 
269 
269 
269 
269 
269 
269 
269 


BUILDINGS. 

of  common  carriers,  may  be  inspected  by  com- 

missioners, agents,  etc.,       ...         36 


BUREAU  CHIEFS. 

commission  may  appoint,  salaries, 
terms  of  office,  etc., 


c. 


CAPITAL  STOCK. 

In  General. 

issue  of,  amount,  etc.,  .....  268 
commissioner   of   corporations,   duties   as   to, 

transferred 269 

amounts  reasonably  necessary,  determination,  268 


CAPITAL  STOCK— Concluded. 

decision  within  thirty  days  of   final  hearing,  268 

in  writing  and  shall  assign  reasons,      .          .  268 
shall  specify  amount  and  purposes,      .         268,  269 

proceeds,  application,  etc.,           .          .          .  269 

Decision. 

filing  in  office  of  commission,          .          .          .  269 
with  secretary  of  the  commonwealth,            .  269 
entered  upon  records,   .....  269 
not  to  be  applied  to  purposes   to   be   speci- 
fied,              269 

application  of  proceeds,          ....  269 
supreme  judicial  or  superior  court,  jurisdiction 

to  enforce,  etc.,  ....  269 
certificate  of  subscription,  filing,  .  .  .  278 
construction  to  await  subscription,  .  .  278 
debt  contracting,  limited  by,  .  .  .  278 
president  and  treasurer  liable,  when,  .  .  278 
neglect  to  comply  with  law;  penalty,  .  .  278 
indebtedness,  liability  of  president  and  treas- 
urer   278 

preferred,  authority  to  issue,       ...  70 
subject  to  all  general  laws  governing  issue,  70 
certificates  to  include  by-laws  or  vote  of  cor- 
poration authorizing  issue,  ...  70 

CHARGES. 

complaints,  etc.,             .....  270 

of  common  carriers,  inquiry  into,  .          .          127,  128 
regulation  of,    .          .          .          .          .          .116 

to  be  just  and  reasonable,           ..          .          .  116 

unjust  and  unreasonable,  unlawful,     .          .116 

heretofore  made  deemed  prima  facie  lawful,  116 
weight  of  evidence,    .           .          .          .          .116 

for  service.     See  RATES. 

CITIES. 

and  towns,  regulations  by,     .          .          .         272,  273 
citizens   of   state   may  maintain  poles,  wires, 

etc 273 

conduits  under  ways,  etc.,     .          .          .         272, 273 

construction  for  own  use,       ....  272 

for  private  use,  for,  .....  272 

injunction  to  restrain  violation  of  regulations,  273 

ordinances  to  regulate,  in  cities,     .          .          .  274 

penalty  for  injuring  wires,  etc.,       .          .          .  272 

violation  of  regulations,  proceedings,       .          .  273 
may  receive  telephone  and  telegraph  service  at 

reduced  rates,  unless,            .          .          .  124 

reduced  rates,  to,  when,         ....  124 


COMMISSIONER  OF  CORPORATIONS. 

jurisdiction  of,  as  to  telephone  and  telegraph 
companies  transferred, 


269 


382 


INDEX   TO   TELEPHONE  AND   TELEGRAPH   LAWS. 


COMMON  CARRIERS. 

definition,   services  supervised  and  regulated, 
See  Index    to  Railroad  Laws,   COMMON  CAR- 
RIER. 

COMPANIES. 

under  supervision,  etc.,          .... 

to  make  annual  returns,         .... 

penalty  for  neglect,  etc.,        .... 

books,  form  of,  to  be  approved,     . 

charges,  service,  etc.,  recommendations  con- 
cerning, ...-•• 

annual  report  to  general  court  on  proceedings 
concerning,  . 

information   to  be  furnished  commission, 

liability  of  telegraph  companies  for  injury  to 
persons  and  property, 

supervision  of,  commission,  . 

violation  of  laws,  attorney-general  to  act,  etc., 

COMPANY. 

definition,  to  include  person,  partnership, 
association,  corporation, 

COMPLAINTS. 

as  to  charges  and  service,    .... 
See  Index  to  Railroad  Laws. 

CONDUITS. 

of  common  carriers  may  be  inspected,  etc.,    . 

CONSTRUCTION. 

and  operation,  consent  of  property  owners,  to, 

conduits  under  ways,  etc.,     .          .          .        272, 

damages  to  abutters,   etc.,   assessment,   etc., 

easement,  etc.,  not  gained  by  poles,  etc., 

lines  on  ways,      ....  272, 

location  by  municipal  authorities,  .         272, 

name  to  be  on  structures,  etc., 

penalty  for,  without  consent,          .          .          . 

poles,  etc.,  erection,  alteration,  etc., 

poles,  removal  if  damages  unpaid, 

private  lines  authorized, 

regulations  by  cities,     ..... 

regulations  by  selectmen,       .          .          .        272, 

specifications  as  to  poles  to  be  recorded,  etc., 

towns  may  permit  laying  under  ways,    .         272, 


3 
271 

271 
271 

270 

270 
271 

279 
268 
271 


272 


270 


aa 


281 
273 
277 
282 
274 
274 
280 
281 
274 
277 
272 
274 
273 
275 
273 


CONSTRUCTION  OF  ACT  OF  1913. 

remedial,  and  in  extension,  etc.,  of  all  previous 

acts,  etc.,  .....       168 

repeal  of  all  acts  limiting  jurisdiction,  powers, 

etc., 168 

proviso,  no  repeal  of  provisions  of  1897,  500,        168 
or  permitting  action  inconsistent  with  prior 

rights,  etc., 168 

CONTRACTS. 

of  common  carriers  may  be  examined,  .  .          14 

may  compel  production  of,  etc.,  .  .          14 

witnesses  as  to,  compelled  to  attend,  .  .          14 

forms  of,  affecting  rates.     See  RATES. 

service  at  rates  in  certain,  no  discrimination, 

unless,        .          .          .          .  .  .116 

COPIES. 

of   books,    contracts,    etc.,    compulsory    pro- 
duction of,          .....         14 


CORPORATIONS. 

under  supervision  of  commission, 


COUPON  NOTES.     See  BONDS. 


2,  3 


D. 


DEFINITION. 

"common  carriers,' 


DEPARTMENTS. 

of  commonwealth,  access  to  books  of,  etc., 
in  making  valuation  of  property  of  common 
carriers,     ...... 

DETERMINATION. 

of  value  of  property,  etc.,  of  common  carriers, 

DISCRETION. 

of  commission.     See  CONSTRUCTION  OF  ACT. 

DISCRIMINATION. 

service  under   certain   contracts   not  to  con- 
stitute, unless,    ..... 
in  rates.     See  RATES. 

DOCUMENTS. 

of  common  carriers,  may  be  examined, 
may  compel  production  of,  etc., 
witnesses  as  to,  compelled  to  attend,  . 

of  state  departments,  access  to,  etc.,  in  valuing 
property  of  common  carriers, 

DUCTS. 

of  common  carriers,  may  be  inspected  by  com- 
missioners, agents,  etc., 
inspection  by  commissioners,  agents,  etc., 


E. 


2,  3 

16 
16 

16 


116 


14 

14 

11 

16 


36 
30 


ELECTRICITY. 

transmission  of  intelligence  by,  jurisdiction  of 

commission,  .  .  .  .3, 268,  269 
construction  of  lines  on  public  ways,  under 

water,  etc 194 

locations  granted  by  local  authorities,  petition, 

hearing,  etc.,      .....       194 
increase  in  number  of  poles,  wires,  etc.,          194,  195 
order  granting  increase  to  be  recorded,  etc.,       195 
attachment  of  wires  to  poles,  piers  and  abut- 
ments of  another  owner,  when,  .        195,  196 
marking  of  poles,  piers,  abutments,  etc.,          .       196 
cutting  of  wires,  notice,  etc.,  .          .         196,  197 

insulation  of  poles,  warning,  etc.,  .          .       196 

ordinances,  regulations,  etc.,  to  be   approved 

by  commissioners,  ....  197 
unlawful  diversion  of  electricity,  penalty,  etc.,  198 
destruction  of  meter,  pipe,  wire,  line,  pole, 

etc., 282 

EMPLOYEES. 

weekly  payments  to,     .          .          .  114,273,274 

liability  of  employers,  to,  etc.,        .  103,  104,  105 

free  or  reduced  ratea  for,      ....       124 
See  Index  to  Railroad  Laws,  EMPLOYEES. 

ENTRY. 

on  premises  of  common  carriers  by  commis- 
sioners, etc.,       .....         36 


INDEX  TO  TELEPHONE  AND  TELEGKAPH  LAWS. 


383 


EXAMINATIONS. 

expenditures  for,  .....  7 

begun   by  Massachusetts    highway   commis- 
sion, conducted,  etc.,  by  commissioners,  3 

EXAMINERS. 

may  enter  upon  premises  of  carriers,  when,          36 

EXPENDITURES. 

apportionment,  etc.  [repealed],        .          .          •       269 
See  Index  to  Railroad  Laws,  PUBLIC  SERVICE 
COMMISSION. 

F. 

FACILITIES. 

affecting  rates.     See  RATES. 

FACTORIES. 

of  common  carriers,  etc.,  may  be  examined, 

etc.,  .          .         36 


FIRMS. 

under  supervision  of  commission, 


.      2,3 


G. 


GENERAL  COURT. 

action  by  boards,  etc.,  under  delegated  author- 
ity from,    .          .          .          .          .          .116 

not  to  prevent  action  by  commission,  when,       116 
annual  appropriations  by,  for  commission,       .  6 


H. 


HEARINGS. 

as  to  rates.     See  RATES. 

as  to  service.     See  SERVICE. 

before  one    commissioner,  law  repealed  as  to 

contested  cases,  ....  9 

in  and  out  of  commonwealth,  commission  rep- 
resented  127,  128 

in    contested    cases,    quorum    of    commission 

necessary,  .....  9 

on  petitions  to  interstate  commerce  commis- 
sion,   127,  128 

quorum  to  hear  and  decide  contested  matters,  9 

See  SUPREME  JUDICIAL  COUBT. 

I. 

IMPROPER  SERVICE.     See  SERVICE. 

INADEQUATE  SERVICE.     See  SERVICE. 
INDEBTEDNESS.     See  BONDS;  CAPITAL  STOCK. 

INDEBTEDNESS,    EVIDENCES     OF.      See 

BONDS. 

INJUNCTION. 

proceedings  to  prevent  violations  of  law  or 

order  of  commission,    .         .          .  168, 250 

to  prevent  threatened  violations,  etc.,  .  168,  250 

INSPECTION. 

of  property,  equipment,  buildings,  factories, 

offices,       ......         36 

of  plants,  power-houses,  ducts,  corduits,        .         36 
service,  etc.,  in  connection  therewith,  .         36 


INSPECTORS. 

commission  may  appoint,  salaries,  .          .      2,  5 

terms  of  office,  etc.,      .          .          .          .  2,  5 

may  enter  upon  premises  of  common  carriers, 

when,         .          .          .          .          .          .36 

INTERESTED  PARTY. 

may  apply  to  supreme  judicial  court,  etc.,  for 

enforcement  of  provisions,     .          .          .63 

INTERSTATE  COMMERCE  COMMISSION. 

commission  may  petition,      .          .          .         127,  128 
may  present  evidence  and  argument  to,      127,  128 

forms  of  accounts  of,  to  be  followed,       .          .  17,  18 
of  memoranda  and  records  to  be  followed,   .  17,  18 

schedules  of  rates  to  conform  to  forms  pre- 
scribed by,          .....  17,  18 

publication,  etc.,  to  conform  to,     .          .          .  17,  18 

INTERSTATE  COMMERCE  LAW. 

violation     of,     commission     may     prosecute, 

when, 127,  128 

free  or  reduced  rate  given  classes  defined  in,       124 

INVESTIGATIONS. 

begun    by   Massachusetts   highway    commis- 
sion may  be  continued  by,  ...  3 
pending  proceedings  brought  by  or  against, 
not  affected,       ..... 
may  be  prosecuted  or  defended  by,  if,      .  3 
rights  or  penalties  not  waived,    ...  3 
recovery  or  indictment  not  affected,         .  3 
inquiry  into  regulations,  practices,  equipment, 

service,  etc.,       .          .          .          .          .     9,  10 
action   if  unjust,  unreasonable,  unsafe,  im- 
proper or  inadequate,  .          .          .     9,  10 
of  valuation  of  property  of  common  carriers,         16 
of  rates.     See  RATES. 


JURISDICTION. 

of  commission,     ..... 

See  also  CONSTRUCTION  OK  ACT. 


2,  3 


L. 

LAW. 

violation  of,  or  order,  proceeding  in  supreme 

judicial  court,    ....         168,  250 

LIABILITY. 

of  telegraph  companies  for  injuries  to  person 

or  property,        .....       279 
reimbursement  of  towns,        ....      279 

LINES. 

wires,   etc.,   cutting,  etc.,   to  move  building, 

etc 282,283 

illegal  structures,  etc.,  unprotected,  .  .  282 
injury  in  general  to,  penalty  for,  .  .  .  282 
name  of  owner  to  be  on,  .  .  .  281,  282 
not  to  incommode  public,  ....  274 
penalty  for  cutting,  etc.,  without  notice,  .  283 
property  owner's  consent,  not  to  be  affixed 

without;  penalty,        .          .          .          .281 

LOCATION. 

alteration  of,  may  be  ordered,  proceedings,  275 
certificate  of,  etc.,  to  be  recorded  in  records 

of  municipality,  ....       275 


384 


INDEX   TO   TELEPHONE   AND   TELEGRAPH    LAWS. 


LOCATION  —  Concluded. 

hearing,    municipal    authorities    may    grant, 

after  ......        274,  275 

order  of,  not  valid  without  certificate  of  city 

clerk  or  selectmen,      .          .          .  275 

petition    for,    by    companies,    to    municipal 

authorities,  proceedings, 
owners  of  real  estate  to  be  notified,         .          .       275 

M. 

MANDAMUS. 

proceedings  to  prevent  violations  of  law  or 

orders  of  commission,  .          .         168,  250 

to  prevent  threatened  violations,  etc.,    .     '    168,  250 

MASSACHUSETTS  HIGHWAY  COMMIS- 
SION. 

powers  and  duties  as  to,  transferred,     .          .       268 

See  PUBLIC  SERVICE  COMMISSION. 
compensation  in  addition,  etc.,       .          .          .       268 

See  PUBLIC  SERVICE  COMMISSION. 
electricity,    transmission    of,    jurisdiction    of 
transferred,        ..... 

compensation  not  affected, 
employees,  transferable,         .          .          .          .      3,  4 

investigations,  examinations,   proceedings,  ap- 

peals pending,  jurisdiction  transferred,  3 

actions,  proceedings,   civil   or  criminal,   by 

or  against  not  affected,        ...  3 

may  be  prosecuted  or  defended  in  name  of 

public  service  commission,  if,  3 

orders,    rulings,    etc.,    in    force    not    invali- 
dated,       ...... 

rights  or  penalties  not  waived,    ...  3 

recovery  or  indictment  not  affected, 
repeal  of  section  assessing  certain  expensesof  ,  3 

transfer   of    books,   maps,    papers,    files    and 

records  by,  to  public  service  commission,     3,  4 

MEMORANDA. 

of  common  carriers,  may  be  examined,   .  .          14 

may  compel  production  of,  etc.,  .          .          14 

witnesses  as  to,  compelled  to  attend,  .          .          14 

forms  of,  may  be  prescribed,      .          .          .  17,  18 

to  conform  to  interstate  commerce  forms,    17,  18 

MODIFICATION. 

of  rulings  of  commission  by  supreme  judicial 

court,         .....         168,  250 
procedure  ......         168,250 


MESSAGES. 

telegraphic,  connecting  lines,  to  forward  from, 
etc.,  ...... 

damages  for  negligence,  limit,         .          .          . 

mail,  forwarding  messages  received  by,  . 

non-forwarding,  etc.,  penalties   for   neglect, 

rates  for  forwarding,     ..... 

transmission  regulated,          .... 


NOTES.     See  BONDS. 

NOTICE. 

of  change  affecting  rates.     See  RATES. 

NOTIFICATION. 

of  receipt  of  orders  of  commission.    See  OR- 
DERS. 


278 
278 
278 
278 
278 
278 


o. 

OFFICERS. 

annual  returns  by,  to  commission,  .  .  271 

to  secretary  of  commonwealth,  .          .  .  282 

directors  to  file  subscription  certificates,  .  -278 

president  and  treasurer,  liability  of,         .  .  278 

OPERATION.     See  CONSTRUCTION,  ETC. 


ORDERS. 

served  upon  persons  or  corporations  affected,  270 
service,  by  personal  delivery  or  mailing  certi- 
fied copy, 270 

injunction,  proceedings  to  prevent  violations 

of  law  or  order  of  commission,    .          .  250 

to  prevent  threatened  violations,  etc.,           .  250 
mandamus,  proceedings  to  prevent  violations 

of  law  or  order  of  commission,     .          .  250 
to  prevent  threatened  violations,  etc.,          .  250 
notification   of   receipt   in   writing   to   be   re- 
turned,         270 

to  be  signed  by  officer  of  corporation,           .  270 

terms  of  order,  acceptance  and  obedience  to,  270 

time  of  taking  effect  to  be  specified,  .  .  270 
supreme  judicial  court,  etc.,  jurisdiction,  167,  250 
to  be  entered  of  record,  .  .  .  .167 

to  continue  in  force  until  changed  or  abrogated,  270 
violation  of,  proceeding  in  su  pi  erne  judicial 

court,  if, 250 


PAPERS. 

of  common  carriers  may  be  examined,      .  .  14 

may  compel  production  of,  etc.,             .  .  14 

witnesses  as  to,  compelled  to  attend,  .  .  14 

PENALTY. 

for  divulging  information,  audit  of  books,  etc.,         14 

POLES. 

insulation  of;  penalty,  ....       281 

property  owners'  consent,  not  to  be  set  with- 
out; penalty,     .....       281 
unused,  may  be  removed  by  aldermen  and 

selectmen,  .....       274 

PRACTICES. 

of  common  carriers,  inquiry  into,  .          .         127,  128 
affecting  rates.     See  RATES. 
affecting  service.     See  SERVICE. 

PRIVATE  LINES. 

alterations  in  construction  or  location,    .  .  272 

attachment  of  other  wires,  to,         .          .  .  272 

construction  of,   .          .          .          .          •  •  272 

penalty  for  injury  to,    .          .          .          .  .  272 

poles  and  structures  to  belong  to  town,  .  .  272 

removal  of,  after  hearing,      ....  272 

PROCEEDS. 

of  bonds,  etc.     See  BONDS. 

of  capital  stock.     See  CAPITAL  STOCK. 

PROPERTY. 

of  common  carriers,  may  be  inspected,   .          .         36 
valuation  and  revaluation  may  be  made,     .         16 


INDEX  TO  TELEPHONE  AND  TELEGRAPH  LAWS. 


385 


PUBLICATION. 

of  schedules  of  rates,  etc.,      ....       117 
in  accordance  with  requirements    of  inter- 
state commerce  commission,         .          .117 

PUBLIC  HEARINGS. 

affecting  rates.     See  RATES. 
in  and  out  of  commonwealth,  commission  rep- 
resented, ....          127,  128 
See  also  HEARINGS. 

PUBLIC    SERVICE    COMMISSION. 

In  General. 

powers  and  duties  as  to,  transferred  to,           .  268 
companies  transmitting  intelligence  by  elec- 
tricity, jurisdiction  over,     .          .          .  268 
commissioners  not  to  be  employees  or  stock- 
holders, etc 268 

nor  be  pecuniarily  interested  in  sale  of  com- 
modities, etc 268 

annual  report  of  proceedings  required,  .          .  270 

annual  returns  by  companies,  to,  .          .          .  271 
attorney-general  to  commence  proceedings    in 

certain  cases,      .....  271 
books  and  accounts,  to  be  kept  in  form  ap- 
proved by,          .          .          .          .          .271 

complaints,  proceedings  on,  ....  270 

charges,  service,  etc.,  concerning,  made  to,  270 
expenses  and  salaries,  amount  of,  apportioned, 

[repealed] 268,  269 

information  to  be  furnished  to,  by  companies,  271 
lawful  orders  of,  to  be  enforced  by  supreme 

court, 271 

oaths  may  be  administered  by,       .          .          .  272 

penalty  for  failure  to  make  returns  to,  etc.,  271 

recommendations  may  be  made  to  companies,  270 
salaries  and  expenses  of,  how  assessed,  etc., 

[repealed], 269 

supervision  of  companies  by,  etc.,            .          .  268 

witnesses  may  be  summoned  by,  fees,  etc.,      14,  272 

Powers  and  Duties. 

general  supervision  of  companies  transmitting 

intelligence  by  electricity,  .  .  .  268 
examinations  and  inquiries,  ....  268 
compliance  with  law,  information  as  to,  .  268 

Services. 

under  supervision  and  regulation,  .          .       2,  3 

appliances  for  transportation,         ...  3 

car  service,  ......  3 

conveniences  in  facilitation  of  common  car- 
riage,        ......  3 

electric  railroads,  .....  3 

equipment,  ......  3 

express  service,    ......  3 

intelligence  by  electricity,  transmission  of,       .  3 

railroads,    .......  3 

street  railways,    ......  3 

telephone  lines,    .          .          .     -     .          .          .  3 

telegraph  lines,    ......  3 

transmission  of  intelligence  by  electricity,    .  3 

transportation,  etc.,  of  persons  or  property,     .  3 
See   also  Index  to  Public  Service  Commission 
Law;  Index  to  Railroad  Laws,  PUBLIC 
SERVICE  COMMISSION. 


PURPOSES. 

of  funding  floating  debt. 
CAPITAL   STOCK. 


See  BONDS,  ETC.; 


R. 


RAILROAD  COMMISSIONERS. 

powers,  duties,  etc.  See  PUBLIC  SERVICE  COM- 
MISSION. 

See  also  Index  to  Public  Service  Commission 
Law;  Index  to  Railroad  Laws,  RAIL- 
ROAD COMMISSIONERS. 

RATES. 

complaints  relative  to,  ....  270 

certain,  not  to  constitute  discrimination, 

unless,        .          .          .          .          .          .116 

charges,  regulations,  practices,  equipment, 

services,   of   common   carriers,   inquiry 

into 127,  128 

for  public  service  commission  law  as  to  rates 

in    general,    changes,    schedules,    etc. 

See  Index  to  Railroad  Laws,  RATES. 

Telephone  and  Telegraph  Companies. 

may  continue  to  furnish  service,  etc.,  under 

existing  contracts,       .          .          .          .117 

not  to  collect  different  rentals,  tolls,  etc.,  from 

schedule,  .          .          .          .          .          .117 

schedules  subsequently  filed  not  to  affect,  .  117 
contracts  terminable  by  notice,  .  .  .117 
commission  may  direct  termination  by  order, 

when,        .          .          .          .          .          .117 

RECOMMENDATIONS. 

to  be  entered  of  record,         ....       167 

RECORDS. 

of   commission,  every  vote,  recommendation 

and  order  to  be  entered,      .          .          .       167 
of   state  departments,   access  to,   in   making 
valuation,  etc.,  of  property  of  common 
carriers,     ......         16 

of  common  carriers,  may  be  examined,  .          .         14 

may  compel  production  of,  etc.,  .          .          14 

witnesses  as  to,  compelled  to  attend,  .          .         14 

forms  of,  may  be  prescribed,       .          .          .17,  18 

to  conform  to  interstate  commerce  forms,  17,  18 


REDUCED  RATE. 

service  at,  for  employees,  etc., 

to  cities  and  towns,      ..... 

REFUNDING. 

indebtedness.     See     BONDS,    ETC.:     CAPITAL 
STOCK. 


124 
124 


REGULATIONS. 

of  common  carriers,  inquiry  into, 
affecting  rates.     See  RATES. 
affecting  service.     See  SERVICE. 
concerning  poles,  wires,  etc., 


127,  128 


272,  273 


REPEAL. 

of  all  acts  and  parts  of  acts  inconsistent,  etc.,       168 

of  law  for  apportioning  expenses,  etc.,  of  com- 
mission, .  .  .  .  .  .  5,  6 

of  law  for  apportioning  certain  expenses  of 

Massachusetts  highway  commission,  .  269 

of  provision  that  contested  matters  may  be 

heard  by  one  commissioner,  .  .  9 

provisions  of  previous  acts,  etc.,  and  rights  ac- 
quired unrepealed,  etc.,  .  .  .  168 


386 


INDEX  TO  TELEPHONE  AND  TELEGRAPH  LAWS. 


REPORTS. 

to  general  court,  ....••       270 
See  Index   to  Railroad  Laws,  PUBLIC    SERV- 
ICE COMMISSION. 

RETURNS. 

annual,  to  commission,  for,  etc.,     .          .          .       271 
annual,  to  secretary  of  commonwealth,  form, 

etc.,  282 


REVALUATION. 

of  property  of  common  carriers  may  be  made,         16 
access  to  books,  etc.,  of  state  departments 

may  be  had,       .          .          .          •  16 

REVIEW. 

of  rulings  of  commission  by  supreme  judicial 

court 167,  168,  250 

procedure 167,  168,  250 


s. 


SERVICE. 


In  General. 

charges  or  rental,  tender  of, . 
complaints  concerning,  may  be  made  to  com- 
mission,    ...... 

discrimination  as  to,  forbidden,     . 
equity  jurisdiction  to  enforce  furnishing, 
individuals,  etc.,  furnishing  to,       . 
telegraph  companies  to  have, 


279 

270 

279 
279 
279 
279 


Public  Service  Commission  Law  of  1913. 

of  common  carriers,  inquiry  into,  .          .         127,  128 

at  reduced  rates  to  employees,  etc.,         .          .       124 

free,  for  charitable  purposes,  to  be  approved  by 

commission,        .          .          .          .          .124 

telephone  and  telegraph,  at  reduced  rate  to 
commonwealth,  any  city  or  town,  un- 
less  124 

charges  for.     See  RATES. 

of  orders  of  commission.     See  ORDERS. 

inquiry  into  regulations,  practices,  equipment, 

service,  etc 9,  10,  127,  128 

action  if  unjust,  unreasonable,  unsafe,  im- 
proper or  inadequate,  .          .          .     9,  10 

duty  of  common  carriers  to  observe  and  obey 

requirements,     .          .          .          .          .    9,  10 


SERVICES. 

supervised  and  regulated  by  commission, 


2,3 


SUPREME  JUDICIAL  COURT. 

Jurisdiction  in  equity  to  review,  annm,  etc., 

rulings  or  orders,         .          .  167,  168, 250 

procedure  prescribed  by  its  rules,          167,  168,  250 
terms  on  which  the  order  shall  be  stayed,       167, 

168,  250 
petitioner's  attorney  to  file  certificate  as  to 

probable  ground  for  appeal,  etc.,  167,  168,  250 
double  costs  if  petition  not  a  fit  subject  for 

Judicial  inquiry,  .          .  167,  168, 250 

burden  of  proof  on  party  adverse  to  show 

order  invalid,      ...  167,  168,  250 

proceedings  to  show  order  invalid  to  have 

preference,  except,      .          .          167,  168,  250 


SUPREME  JUDICIAL  COURT  —  Concluded, 
jurisdiction   to  enforce  valid  orders  of   com- 
mission   168, 250 

proceedings  for  preventing  threatened  viola- 
tions of  law 168,  250 

counsel  of  commission  to  act,  subject  to 

attorney-general,         .          .          .         168,  250 
mandamus  or  injunction  may  issue,         168,  520 


T. 


235 


TAXATION. 

of  underground  conduits,  wires,  pipes  in  streets, 
of  poles,  underground  conduits  and  pipes  with 

wires  in  private  property,     .          .          .       235 
or  in  other  locations,  ....       235 

street  railway  companies  excepted,     .        235,  240 
railroad  corporations  excepted,  when,  .       235 

Corporate  Franchise  Tax. 

annual  returns  to  tax  commissioner,        .          .       145 
complete  list  of  shareholders,          .          .          .       145 
capital  stock,  amount  of,       .          .          .          .       145 

par  and  market  value  of,  .          .          .          .       145 

held  as  collateial  security,  if,  .          .       145 

detailed    statement    of    works,    real    estate, 

machinery,  etc.,  ....       145 

whole  length  of  lines,  return  of,  .          .        145 

length  without  commonwealth,  .          .          .       145 
tax  commissioner  to  ascertain  market  value  of 

shares,       ......       235 

deductions,  lying  outside  of  commonwealth, 

real  estate,  etc.,  locally  taxed,  etc.,       .      235 
domestic  telephone  companies,  market  value 

of  stock  in  other  corporations  held  by,       235 
foreign  telephone  companies,  value  of  stock 
proportional,    etc.,    without    common- 
wealth  235 

value  of  real  estate,  machinery,  etc.,  locally 

taxed 235 

local  valuation  may  be  taken  as  true  value, 

but  not  conclusive,     ....       236 
appeal   from   local  valuation,   tax  commis- 
sioner may  require,     ....       236 
may  be  beard  upon  such  appeal,  costs,  etc.,       236 
remedy  when  assessors'  valuation  exceeds 

that  of  tax  commissioner,    .          .          .       236 

Tax  Commissioner. 

return  of  length  of  line  to,     ....  145 
to  ascertain  true  market  value  of  shares,          .  146 
cash  value  to  be  taken  as  true  value  of  fran- 
chise  146,147 

deduction  proportional  to  length  outside  of 

commonwealth,            ....  147 

local  valuation  to  be  deemed  true  value,  when,  147 
corporation  to  appeal  from  local  valuation, 

when,         ......  147 

may  require  corporation  to  prosecute  appeal, 

when,         ......  147 

may  be  heard  on  such  appeal,  costs,  etc.,     .  147 

application  to  assessors  for  abatement,  when,  147 

appeal  to  county  commissioners,  when,  .          .  147 

valuation  of  commissioner  conclusive,  when,     .  147 

Telephone  Companies. 

annual  returns  to  tax  commissioner,          .  14.5,  283 

list  of  shareholders  excepted  from  leturn,  .        283 

annual  tax,  how  determined,           .          .   i  147,  148 

lines   within    commonwealth    controlled  or 

used  deemed  part  of  own  lines,     .  .       283 


INDEX  TO  TELEPHONE  AND  TELEGRAPH  LAWS. 


387 


TELEGRAPH  COMPANIES. 

to  have  telephone  service,  etc., 
service  for  and  by, 


.       279 
278,  279 


TELEGRAPH  LINES. 

commissioner     of     corporations,     jurisdiction 

over  transferred,          ....       269 

Massachusetts  highway  commission,  jurisdic- 

tion over  transferred,  .          .          .       269 

use  of,  under  existing  contracts,   .          .  .       117 

See  also  COMMON  CARRIERS. 

Telephone  and  Telegraph  Companies. 

may  continue  to  furnish  service,  etc.,  under 
existing  contracts,       .          .          .          . 

not  to  collect  different  rentals,  tolls,  etc.,  from 
schedule,  .          .          .          .          .          . 

schedules  subsequently  filed  not  to  affect,    . 

contracts  terminable  by  notice,  .          .          . 

commission  may  direct  termination  by  order, 

when  .....          .          . 

TELEPHONE  COMPANIES. 

service  for  and  by,        ..... 

TELEPHONE  LINES. 

commissioner  of  corporations,  jurisdiction 
over  transferred,  .... 

Massachusetts  highway  commission,  jurisdic- 
tion over  transferred,  .  .  . 

use  of,  under  existing  contracts,  .  .  . 
See  COMMON  CARRIERS. 

TELEPHONE  RENTALS. 

charges  for.     See  RATES. 

TIME. 

of  taking  effect  of  orders  of  commission.  See 
ORDERS. 


TOLLS. 

charges  for. 


See  RATES. 


117 

117 
117 
117 

117 


279 


269 


269 
117 


TOWNS. 

may  receive  telephone  and  telegraph  service  at 

reduced  rates,  unless,  .          .          .       124 

and  cities,  regulations  by,     .         •.          .        272,  273 
citizens  of  state  may  maintain  poles,  wires, 

etc.,  ......      273 

conduits  under  ways,  etc.,     .          .          .         272,  273 
construction  for  own  use,       ....       272 

for  private  use,  for,  .....       272 


TOWNS  —  Concluded. 

injunction  to  restrain  violation  of  regulations,  273 

ordinances  to  regulate,  in  cities,     .          .          .  274 

penalty  for  injuring  wires,  etc.,       .          .          .  272 

violation  of  regulations,  proceedings,       .          .  273 


u. 

UNDULY    PREFERENTIAL    RATES.       See 
RATES. 

UNJUST. 

rates.     See  RATES. 

practices  affecting  service.     See  SERVICE. 

UNREASONABLE  SERVICE.     See  SERVICE. 


V. 

VALUATION. 

of  property  of  common  carriers,  investigation, 

etc.,  of.  ,  .  .  .  .  .16 

access  to  books,  documents,  etc.,  of  state 

departments,  etc.,  ....  16 

revaluation  of  such  property  at  any  time,  16,  17 

VIOLATIONS. 

of  provisions  of  act.     See  PENALTY. 

of  interstate  commerce  law,  proceedings,        127,  128 

w. 

WEEKLY  PAYMENTS. 

of  employees 


WIRES. 

equity  jurisdiction  as  to, 

cutting  authorized,  when, 

expense  of  removal,       . 

inspector  of,  duties,  etc., 

names  of  owners,  etc., 

penalty  for  injuring,  etc.,       .          .          .          . 

poles,  as  to  insulation  of,       . 

property  owner's   consent,  not  to  be  affixed 

without;  penalty,        . 
regulated,  insulation;  penalty,  etc., 
unused,  may  be   removed  by  aldermen   and 

selectmen,  .          .          .          .          . 

WITNESSES. 

may  be  summoned,  oath,  fees,  etc., 


114 


.  281 
282,  283 

.  280 

.  280 

.  281 

.  272 

.  281 

281 
281 

274 


272 


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